When Texas Courts Require a Paternity Test for Child Support

Texas does not automatically require a paternity test before ordering child support, but the court will order one if paternity is disputed

If both parents agree on who the father is, or if the father is listed on the birth certificate, Texas courts can order child support without a paternity test. The test becomes necessary only when paternity is in question — when the alleged father denies he is the biological parent, or when the mother and alleged father disagree about who the father is.

The court has the power to order genetic testing at any point in a child support case, and either parent can request it. If the test shows the man is not the biological father, the child support order stops. If it confirms he is the father, the order stands or is established based on the test result.

Key Takeaways

• A paternity test is only ordered in Texas when paternity is disputed, not in every child support case.
• Either the mother or the alleged father can request genetic testing, and the court can order it on its own.
• The cost of the test is usually paid by the parent who requested it, though the court can order the other parent to pay.
• If a man is listed on the birth certificate or both parents agree he is the father, a test is not required unless one parent later challenges it.
• A test result showing the man is not the biological father will end a child support obligation, even if an order already exists.

How paternity is established without a test

Texas law recognizes paternity in several ways that do not require genetic testing. If the father's name appears on the birth certificate, the law presumes he is the biological parent unless someone challenges that presumption in court. If both parents sign an Acknowledgment of Paternity — a legal document stating they agree on who the father is — that is treated as an admission and is difficult to overturn later.

If the parents were married when the child was born, or if they married after the birth, the husband is presumed to be the father under Texas law. A man can also be presumed the father if he lived with the child and held the child out as his own for a certain period, though this route is less common in child support cases.

When any of these conditions exist, the court will not order a paternity test unless one parent files a motion challenging paternity. The burden then falls on whoever is challenging to show the court has reason to doubt the presumption.

When the court will order genetic testing

The court orders a paternity test when there is a genuine dispute. This happens most often when the alleged father denies paternity and the mother insists he is the biological parent. It can also happen when a man who was presumed to be the father — because his name is on the birth certificate or he was married to the mother — later claims he is not the biological parent.

Either parent can file a motion asking the court to order the test. The court can also order testing on its own if it believes paternity is unclear. Texas courts have broad discretion to order genetic testing in any case where it would help establish or disprove paternity.

Once the test is ordered, both the alleged father and the child must provide DNA samples, usually through a cheek swab. The testing is done by a laboratory certified by the state. Results typically come back within two to four weeks.

Who pays for the paternity test

The person who requests the paternity test usually pays for it. If the mother requests the test, she pays the cost upfront. If the alleged father requests it, he pays. The cost varies but typically ranges from $300 to $500 for a court-ordered test, depending on the laboratory and whether expedited results are needed.

The court can order the other parent to reimburse the cost if it finds the request was reasonable. For example, if the alleged father requests a test and it confirms he is the biological father, the court might order the mother to pay his testing costs. If the test shows he is not the father, he would not owe child support and would not have to pay the mother's testing costs.

Some counties have programs or can direct parents to lower-cost testing options. Ask the court clerk or your attorney whether your county offers this.

What happens if the test shows he is not the biological father

If genetic testing shows the man is not the biological father, any existing child support order is terminated. He is no longer legally obligated to pay child support for that child. The court will enter an order dismissing the case or removing him as the obligor.

However, if child support was already paid before the test result, that money is generally not refunded. Texas law does not typically require repayment of support paid before the paternity test disproved the relationship, even if the man was paying based on a presumption that has now been overturned. There are rare exceptions if the man can show he was defrauded, but this is difficult to prove.

If the test confirms he is the biological father, the child support case proceeds. If no order existed yet, the court will establish one. If an order was already in place, it remains in effect.

Challenging paternity after an order is already in place

A man can request a paternity test even after a child support order has been entered. He must file a motion with the court asking for genetic testing and stating his reason for believing he may not be the biological father. The court will review the motion and decide whether to grant it.

The court is more likely to grant the motion if the man has a credible reason — for example, if he was not present during the time the child was conceived, or if the mother admits she was with another man. straightforward claiming doubt without evidence is less likely to succeed.

If the court orders the test and it shows he is not the father, the child support order is terminated going forward. Again, past payments are not refunded unless the man can show fraud or deception by the mother.

What to do if paternity is disputed in your case

If you are the alleged father and you believe you may not be the biological parent, file a motion with the court requesting genetic testing. Include a brief explanation of why you believe paternity should be tested. You will need to serve the motion on the mother or her attorney.

If you are the mother and the alleged father is denying paternity, you can file a motion asking the court to order testing. The court will then require him to submit to the test. If he refuses, the court can hold him in contempt or draw an adverse inference — meaning the judge may assume he is the father based on his refusal to test.

In either case, work with an attorney if possible. The rules for filing motions and presenting evidence to the court are specific, and mistakes can delay your case or weaken your position. Many legal aid organizations in Texas offer free or low-cost help with child support matters.

Frequently Asked Questions

Can the mother force the alleged father to take a paternity test?

Yes. If the mother files a motion requesting genetic testing, the court can order the alleged father to submit to it. If he refuses without a valid reason, the court can find him in contempt of court or assume he is the father based on his refusal.

What if the alleged father refuses to take the test?

The court can hold him in contempt, which may result in fines or jail time. More commonly, the judge will draw an adverse inference — treating his refusal as evidence that he is the biological father — and proceed with establishing or enforcing child support based on that assumption.

Can a paternity test be done without going to court?

Yes, but it will not be legally binding for child support purposes unless both parents agree to it and the court accepts the results. A court-ordered test carries legal weight. If you and the other parent agree on paternity, you do not need a test at all.

How long does it take to get a paternity test result?

Court-ordered genetic tests typically return results within two to four weeks. Some laboratories offer expedited testing for an additional fee, which can produce results in one to two weeks.

If I was paying child support and a test proves I am not the father, do I get my money back?

No, not in most cases. Texas law does not require repayment of child support paid before a paternity test disproved the relationship. You would need to prove fraud or intentional deception by the mother, which is a high legal bar.