Texas does not 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 will move straight to calculating support without a test. A paternity test becomes necessary only when someone contests fatherhood — usually the alleged father, but sometimes the mother or the state.
The court pays for the test in most cases. If you are the one asking for the test, you may have to cover the cost upfront, but you can ask the judge to order the other parent to reimburse you if paternity is established. The test itself takes about two weeks for results, though the court process around it takes longer.
Key Takeaways
- A paternity test is only ordered if someone disputes who the father is; agreement or a birth certificate signature means no test is needed.
- The state or mother can request a test if the alleged father is not on the birth certificate or if support is being pursued through the state.
- The court typically pays for the test, and results come back in roughly two weeks.
- Once paternity is established by test, the court then calculates child support based on both parents' income and custody arrangement.
- If you refuse a court-ordered paternity test, the judge can hold you in contempt or assume paternity based on other evidence.
Who can request a paternity test in Texas
The mother, the alleged father, or the state (through the Attorney General's office) can ask the court to order a paternity test. In practice, the state requests tests most often, because the state pursues child support on behalf of families receiving TANF (Temporary Assistance for Needy Families) or Medicaid, and establishing paternity is a condition of that assistance.
If you are the alleged father and you believe you are not the biological parent, you can file a motion asking the court to order a test. You do not need a lawyer to file, though having one speeds the process. The mother can also request a test if she is unsure of paternity or if she needs to establish it for legal reasons — for example, if the man on the birth certificate is not the biological father.
The alleged father does not have to agree to the test for it to happen. If the court orders one and you refuse, the judge can find you in contempt of court, which carries fines or jail time. The judge can also assume you are the father based on other evidence — such as living with the child, holding yourself out as the father, or a prior admission — even without a test result.
What happens if paternity is not established before support is ordered
Texas courts can order temporary child support while a paternity test is pending. The alleged father pays into an account, and if the test shows he is not the biological parent, the money is returned to him. If the test confirms paternity, that temporary support becomes part of the final order.
If no test has been done and no one disputes paternity, the court simply proceeds with the support calculation. The father's name on the birth certificate, or both parents' signatures on an Acknowledgment of Paternity form, is enough for the court to move forward. Many cases never involve a test because both parties agree from the start.
How the paternity test works in court
Once the court orders a paternity test, both the alleged father and the child must provide a DNA sample — usually a cheek swab, which is painless and takes seconds. The mother may also be tested, though her sample is optional; including her DNA can speed up the analysis. The samples go to a lab certified by the state, and results typically come back within two to three weeks.
The lab report shows the probability of paternity as a percentage. Texas law says that if the probability is 99 percent or higher, paternity is established. A result below that threshold means the alleged father is excluded as the biological parent, and the court will dismiss the child support case against him — unless the mother or state pursues another man.
The court receives the lab report and enters it into the case file. Either parent can request a hearing to dispute the results, though this is rare; DNA testing is highly accurate. Once the report is filed, the judge uses it to make the final paternity information.
Cost of paternity testing in Texas
The state pays for court-ordered paternity tests in most cases. If you request the test and the court grants it, you typically do not pay anything out of pocket. However, if you are the one who initiated the request and you lose — meaning paternity is not established — the judge may order you to pay the lab fee, which ranges from $300 to $500 depending on the lab and whether the mother's sample was included.
If you want a paternity test before going to court, you can order a private test through a lab or a home test kit. These are not admissible in court on their own, but they can give you information before you file. Private tests cost $100 to $300 and take one to two weeks.
What happens after paternity is established
Once the court confirms paternity through a test result, the judge moves to calculating child support. The support amount is based on both parents' gross monthly income, the number of children, custody arrangement, and other factors like health insurance and childcare costs. Texas uses a standard formula: the obligor (the parent paying support) pays a percentage of income — 20 percent for one child, 25 percent for two, up to 50 percent for five or more.
The court enters a child support order, and the obligor must begin paying within days or weeks, depending on the judge's timeline. Payments usually go through the state's payment processing center, which forwards them to the other parent. If the obligor does not pay, the state can garnish wages, intercept tax refunds, or suspend licenses.
Paternity also gives the child legal rights: the right to inherit from the father, the right to the father's health insurance, and the right to Social Security or veterans' benefits if the father dies or becomes disabled. The father gains custody and visitation rights if he pursues them.
Frequently Asked Questions
Can I refuse a court-ordered paternity test?
No. If the court orders a test and you refuse, the judge can hold you in contempt of court, which can result in fines or jail time. The judge can also assume you are the father based on circumstantial evidence — such as living with the child or admitting paternity — even without a test result.
How long does it take to get paternity test results?
The lab typically returns results within two to three weeks. The court process around the test — filing the motion, scheduling the test, and entering the result into the case — takes longer, usually one to two months total from request to final order.
What if the paternity test shows I am not the father?
The court will dismiss the child support case against you. If you paid temporary support while the test was pending, that money is returned to you. The mother or state can then pursue another man if they have reason to believe he is the biological father.
Do I need a lawyer to request a paternity test?
No. You can file a motion yourself by going to the district court clerk's office in the county where the child lives and asking for the paternity test form. A lawyer can speed the process and handle disputes, but it is not required to request a test.
Can a paternity test be done before going to court?
Yes, but a private test is not admissible in court. You can order a home test kit or visit a lab for a private test to get information before filing. If you later go to court, the judge will order an official court test, which is more rigorous and legally binding.