Navigating the complexities of establishing paternity can be a daunting process, which is where the Petition to Adjudicate Parentage form, a critical document within Texas Family Law, comes into play. This form serves as a formal request to the court to legally determine the fatherhood of a child or children. Essential details such as the child’s name, birth date, and current residence are required, in addition to the petitioner's personal information, which includes the last digits of their driver's license or social security number, if applicable. The document accommodates various scenarios, including those where the petitioner might be the mother, a man seeking to establish or contest his paternity, a relative in the absence of the mother, or an individual identified as a parent through a gestational agreement. It outlines the necessary steps for providing legal notice to all involved parties, such as the mother, any alleged, acknowledged, or adjudicated father, and others with a legal interest in the child's paternity. Furthermore, the form details processes for situations where the parentage is disputed or uncertain, including instructions for serving legal notices and the potential need for an attorney ad litem when service by publication is required. The Petition to Adjudicate Parentage form not only emphasizes the legal framework for establishing paternity but also underscores the significance of legal fatherhood in terms of child support, inheritance, custody, and access rights, thereby providing a pivotal tool for families seeking to clarify and secure a child’s paternal relationships.
| Question | Answer |
|---|---|
| Form Name | Petition Adjudicate Parentage Form |
| Form Length | 9 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 2 min 15 sec |
| Other names | petition for adjudicate parentage, how to file a petition to adjudicate parentage, adjudicate parentage form, petition to adjudicate parentage form |
(The Clerk’s office will fill in the Cause Number and Court Number when you file this form.)
Cause Number:
In the interest of:
(List the child/children whose paternity will be addressed.):
1Name:
2 Name:
3 Name:
In the ______________
Court Number
District Court County Court of:
4 Name: |
|
_________________ County, Texas |
|
5Name:
Petition to Adjudicate Parentage
Print your answers.
My name is: _________________________________________________________________________.
First |
Middle |
Last |
I am the Petitioner, the person asking the Court to determine the father of the child or children named below.
My driver's license was issued in (state) _______________. The last three numbers of my driver's
license number are: ____ _____ _____.
Or |
I do not have a driver's license. |
The last three numbers of my social security number are: ____ _____ _____.
Or |
I do not have a social security number. |
Iam: (Check one.)
the mother of the children.
a man asking the court to determine whether or not I am the biological father of the children.
the presumed father of the children, asking the court to determine that I am not the biological father of the children.
a relative of the mother, who is deceased. I am the mother’s grandfather sister brother.
mother
father
grandmother
an adult asking the Court to determine my father. I was born on (date) _____________________.
an intended parent. A gestational agreement named me the parent of the children.
1. Discovery Level
The discovery level in this case, if needed, is Level 2.
2. Jurisdiction of the Court
(Check one.)
No court has continuing jurisdiction of this case or the children. The children have never been part of any other court case.
This Court has continuing, exclusive jurisdiction of this case and the children. This Court made prior orders about the children
(Check, if applicable.)
This Court made an order about another child of the same parents. This case should be filed under the same cause number.
©TexasLawHelp.org – Petition to Adjudicate Parentage, March 2012
Texas Family Code, Chapter 160 |
Page 1 of 9 |
3. Children
The following children are the subject of this case.
|
|
County and State where |
Child’s name |
Date of Birth |
child lives now |
1.
2.
3.
4.
5.
(Check, if applicable.)
This petition is filed before the birth of a child who is due to be born on ___________________.
month / day / year
(Check one.)
The children do not have an adjudicated father. No court has named anyone the father of these children.
The children do have an adjudicated father. A court order names the father of the children. I am not the adjudicated father, I was not named as a party in the court case that named the father of the children, and it has been less than 4 years since the effective date of the court order naming the father of the children.
(Check one.)
The children do not have an acknowledged father. No one has signed an Acknowledgment of Paternity claiming to be the father of these children.
The children do have an acknowledged father. Someone has signed and filed an Acknowledgment of Paternity claiming to be the father of these children. I am not the acknowledged father, I did not sign the Acknowledgment of Paternity, and:
it has been less than 4 years since the effective date of the Acknowledgment of Paternity.
See Texas Family Code Section 160.609(b), or
the Acknowledgement of Paternity is void. See Texas Family Code Section 160.302(b)
(Check one.)
The children do not have a presumed father. The mother was not married when the children were born or conceived and no male lived with the children during the first two years of their lives and represented to others that he was their father.
The children do have a presumed father and: (Check one.)
it has been less than 4 years since the children were born See Texas Family Code Section 160.607(a)
it has been more than 4 years since the children were born and: (Check one.)
The presumed father did not file a petition to adjudicate parentage of the children within 4 years of the children’s birth because the presumed father mistakenly believed he was the biological father of the children based on misrepresentations that led him to that conclusion.
See Texas Family Code Section 160.607(b), or
The presumed father and mother did not live together or engage in sexual intercourse with each other during the time the children were conceived.
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012 Texas Family Code, Chapter 160
4. Respondents - People Who Must Get Legal Notice of this Case
You MUST give legal notice of this case to the mother; any alleged father or fathers; any adjudicated, acknowledged, or presumed father; anyone who filed a notice of intent to claim paternity of the children with the paternity registry; and anyone with a
Respondent A: Mother
Check this box if you are the mother of the children, and skip to Respondent B.
The mother of the children is: ___________________________________________________________.
PRINT the Mother’s full name
(Check one.)
I will have a sheriff, constable, or process server give a copy of this Petition to the mother of the children here:
_________________________________________________________________________________.
PRINT Street AddressCity State Zip
If this is a work address, name of business: _____________________________________________.
I ask the clerk to issue citation. I understand that I will need to pay a fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service.
Service by a sheriff, constable, or process server is not necessary, at this time. I will give a copy of this Petition to the mother and I think she will sign a Waiver of Service, or file an Answer.
I ask that this Respondent be served by publication. I will file the required affidavits for service by publication. I understand I must hire an attorney ad litem to represent this Respondent.
Respondent B: Alleged Father
Check this box if you are the alleged father, and skip to Respondent C.
An alleged father is a man who claims, or is claimed to be, the biological father or possible biological father of a child.
The alleged father of the children is: ______________________________________________________.
PRINT the Alleged Father’s full name
(Check one.)
I will have a sheriff, constable, or process server give a copy of this Petition to the alleged father of the children here:
_________________________________________________________________________________.
PRINT Street AddressCity State Zip
If this is a work address, name of business: _____________________________________________.
I ask the clerk to issue citation. I understand that I will need to pay a fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service.
Service by a sheriff, constable, or process server is not necessary, at this time. I will give a copy of this Petition to the alleged father and I think he will sign a Waiver of Service, or file an Answer.
I ask that this Respondent be served by publication. I will file the required affidavits for service by publication. I understand I must hire an attorney ad litem to represent this Respondent.
(Check, only if applicable.)
There is more than one alleged father. I have made a copy of this page, filled in the information about the other alleged father, marked it as Exhibit: Other Alleged Father, and attached it to this Petition.
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012
Texas Family Code, Chapter 160 |
Page 3 of 9 |
Respondent C: Presumed, Acknowledged or Adjudicated Father
Check this box if there is no presumed, acknowledged, or adjudicated father of the children or you are the presumed father and skip to Respondent D.
A presumed father is a man who was married to the mother when a child was born or conceived; a man who marries the mother after the child is born and voluntarily claims paternity of the child with the bureau of vital statistics, on the child’s birth certificate, or in a record in which he promises to support the child as his own; or a man who, during the first two years of the child’s life, continuously lived with the child and represented to others that the child was his own. See Texas Family Code Section 160.204
An acknowledged father is a man who signed a valid Acknowledgment of Paternity claiming to the father of a child. The acknowledgment must not have been rescinded or successfully challenged. See Texas Family Code Section 160.204
An adjudicated father is a man named as the father of a child in a court order.
Respondent C’s full name is: _________________________________________________________.
PRINT the Presumed, Acknowledged or Adjudicated Father’s full name.
Respondent C is: (Check one.)
a presumed father. Respondent C was married to the mother when the children listed below were born or conceived or during the first two years of each child’s life, Respondent C continuously lived with the children listed below and represented to others that the children were his own:
________________________________________________________________________________.
an adjudicated father. A
________________________________________________________________________________.
an acknowledged father. Respondent C signed an Acknowledgment of Paternity claiming to the father of the following children:
________________________________________________________________________________.
The Acknowledgment has not been rescinded or successfully challenged.
(Check one.)
I will have a sheriff, constable, or process server give a copy of this Petition to Respondent C here:
_________________________________________________________________________________.
PRINT Street AddressCity State Zip
If this is a work address, name of business: _____________________________________________.
I ask the clerk to issue citation. I understand that I will need to pay a fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service.
Service by a sheriff, constable, or process server is not necessary, at this time. I will give a copy of this Petition to Respondent C and I think he will sign a Waiver of Service, or file an Answer.
I ask that this Respondent be served by publication. I will file the required affidavits for service by publication. I understand I must hire an attorney ad litem to represent this Respondent.
(Check, only if applicable.)
There is more than one presumed, acknowledged or adjudicated father. I have made a copy of this page, filled in the information about the other presumed, acknowledged or adjudicated father, marked it as Exhibit: Other Presumed, Acknowledged or Adjudicated Father, and attached it to this Petition.
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012
Texas Family Code, Chapter 160 |
Page 4 of 9 |
Respondent D: Paternity Registrant
Check this box if no one filed notice of intent to claim paternity with the paternity registry, and skip to Respondent E.
The paternity registrant is: ______________________________________________________________.
PRINT the Paternity Registrant’s full name
(Check one.)
I will have a sheriff, constable, or process server give a copy of this Petition to the paternity registrant here:
_________________________________________________________________________________.
PRINT Street AddressCity State Zip
If this is a work address, name of business: _____________________________________________.
I ask the clerk to issue the citation of service. I understand that I will need to pay a fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service.
Service by a sheriff, constable, or process server is not necessary, at this time. I will give a copy of this Petition to the paternity registrant and I think he will sign a Waiver of Service, or file an Answer.
I ask that this Respondent be served by publication. I will file the required affidavits for service by publication. I understand I must hire an attorney ad litem to represent this Respondent.
Respondent E:
Check this box if there are no court orders for custody or guardianship of the children or other court ordered relationships affecting the children, and skip to Respondent F.
The following person has a
___________________________________________________________________________________.
PRINT the full name(s) of anyone with a court ordered relationship with the children.
(Check one.)
I will have a sheriff, constable, or process server give a copy of this Petition to the person named above, here:
_________________________________________________________________________________.
PRINT Street AddressCity State Zip
If this is a work address, name of business: _____________________________________________.
I ask the clerk to issue citation. I understand that I will need to pay a fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service.
Service by a sheriff, constable, or process server is not necessary, at this time. I will give a copy of this Petition to the person named above and I think she or he will sign a Waiver of Service, or file an Answer.
I ask that this Respondent be served by publication. I will file the required affidavits for service by publication. I understand I must hire an attorney ad litem to represent this Respondent.
(Check, only if applicable.)
There is more than one person with a
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012
Texas Family Code, Chapter 160 |
Page 5 of 9 |
Respondent F: Title
You MUST send a
(Check one.)
None of the children, or anyone on behalf of the children, receives or has received TANF or Medicaid and the Attorney General’s Office has never been involved in a case about any of the children. There is no Respondent F.
The children, or someone on behalf of the children, receives or has received TANF or Medicaid or the Attorney General’s Office has been involved in a court case about the children. I will send a file- stamped copy of this Petition to the Office of the Attorney General, Child Support Division by certified mail return receipt requested, fax or personal delivery. I will bring proof of delivery to my court hearing. The Texas Office of the Attorney General, Child Support Division is Respondent F.
5.
(Check one.)
Everyone involved in this case lives in Texas.
The following Respondent does not live in Texas: _________________________________________
Print the FULL name of the
(Check all that apply for the
The Respondent agrees that a Texas court can make orders in this case and will file a written response with the court.
The children live in Texas because of the Respondent’s actions.
The Respondent has lived in Texas with the children.
The Respondent has lived in Texas and provided prenatal expenses or support for the children.
The Respondent had sexual intercourse in Texas, and the children may have been conceived by that act of intercourse.
The child was born in Texas and the Respondent registered with the paternity registry maintained by the Texas Vital Statistics Unit or signed an Acknowledgment of Paternity filed with the Texas Vital Statistics Unit.
The Respondent will be personally served with citation in Texas.
Note: If a Respondent does NOT live in Texas, you must also attach the Exhibit:
6. Paternity
I ask the court to establish the
____________________________________________________________________________________
PRINT the full name of person you are asking the court to name as the father of the children.
(Check, only if applicable.)
I also ask the Court to exclude the following person as the father of the children:
____________________________________________________________________________________
PRINT the full name of person you are asking the court to find is not the father of the children.
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012
Texas Family Code, Chapter 160 |
Page 6 of 9 |
7. Conservatorship, Possession and Access and Support
(Check one.)
I am not asking the Court to make orders for conservatorship (custody), possession of and access to the children, child support or medical support at this time.
I ask the Court to make orders for conservatorship, (custody) possession of and access to the children (visitation), child support and medical support for the children. I believe the following orders would be in the best interest of the children.
Important Note: In order for the court to make orders for custody and visitation, the children must have lived in Texas with a parent or person acting as a parent for at least the past 6 months. If a child is less than 6 months old the child must have lived in Texas from birth. Talk to a lawyer if you have questions about this requirement.
(Check if true.)
The children have lived in Texas with a parent or person acting as a parent for at least the past 6 months. If a child is less than 6 months old, the child has lived in Texas since the child’s birth.
Conservatorship (Custody)
I ask the Court to name me: (Check one.)
Joint Managing Conservator, with the exclusive right to establish the children’s primary residence,
Joint Managing Conservator, with the other parent having the right to establish the children’s primary residence,
Joint Managing Conservator, with a geographic restriction on where the children’s primary residence will be located and neither parent having the exclusive right to establish the children’s primary residence.
Sole Managing Conservator, Possessory Conservator,
(Check, if applicable.)
I ask the Court to place a geographic restriction on where the children’s primary residence can be located.
I also ask the court to assign the rights and duties of each conservator.
Possession of and Access to the Children
I ask the court to make the following orders for possession of and access to the children:
Standard Visitation for father. The man determined to be the father of the children should have possession and access to the children according to the Standard Possession Order, set out in the Texas Family Code, Chapter 153, Subchapter F.
Standard Visitation for mother. The mother should have possession and access to the children according to the Standard Possession Order, set out in the Texas Family Code, Chapter 153, Subchapter F.
Limited or Supervised Visitation for: the man determined to be the father Other Possession & Access Order Requested (Describe):
the mother.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012
Texas Family Code, Chapter 160 |
Page 7 of 9 |
Child Support and Medical Support
I ask the court to make appropriate orders for the support of the children, including regular child support and medical support and, if supported by the facts, retroactive child support.
(Check, if applicable.)
I also ask the Court to order the man determined to be the father of the children to pay an equitable portion of prenatal and
8. Children’s Names
(Check one.)
I am not asking the Court to change the children’s names.
There is good cause for the Court to change the names of the following children:
Child 1: The child’s current name is: ___________________________________________.
I ask that the child’s name be changed to _______________________________________.
Child 2: The child’s current name is: ___________________________________________.
I ask that the child’s name be changed to _______________________________________.
Child 3: The child’s current name is: ___________________________________________.
I ask that the child’s name be changed to _______________________________________.
Child 4: The child’s current name is: ___________________________________________.
I ask that the child’s name be changed to _______________________________________.
Child 5: The child’s current name is: ___________________________________________.
I ask that the child’s name be changed to _______________________________________.
9. Biological Testing
(Check one.)
Biological testing was done before this suit was filed.
I ask that biological testing be ordered by the Court.
Biological testing is not necessary at this time.
10. Family Information
(Check one.)
I will fill out and attach the Family Information form to the final order in this case, as required by Texas Family Code Section 105.006.
I believe the children or I will be harassed, abused, seriously harmed, or injured if I am required to give the Respondents the information checked below for myself and the children:
(Check the boxes below to tell the judge which information you want to be kept confidential.)
home address,
home phone #,
mailing address,
work phone #,
employer, work address,
social security #, driver’s license #.
I ask the Court to Order that I not have to give this information or notice of changes in this information to the Respondents. I also ask the Court to keep this information confidential.
Note: Ask the Court to sign the Order on Request to Keep Family Information Confidential form when you go to court. Find this form at www.FreeTexasForms.org in the Paternity section.
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012
Texas Family Code, Chapter 160 |
Page 8 of 9 |
11. Children’s Health Insurance
The children
do
do not have private health insurance in effect.
Private Health Insurance is in effect: (Complete, if the children have private health insurance.)
Name of insurance company: ____________________________________________________________
Policy number: _______________________________________________________________________
Cost of premium: $ ____________________________________________________________________
Name of person who pays for insurance: ___________________________________________________
The insurance policy |
is |
is not available through the parent’s work. |
Private Health Insurance NOT in effect: (Complete, if the children do NOT have private health insurance.)
The children do
do not |
receive medical assistance through CHIPS or Medicaid. |
Cost of premium (if any): $______________________________________________________________
Health insurance is
is not available to the person who pays child support at a reasonable cost.
12. Children’s Property (Check one.)
The children do not own any property.
The children own the following property: ________________________________________________
________________________________________________________________________________
13. Prayer
I ask that citation and notice issue as required by law and that the Court make the orders I have asked for in this Petition and any other orders to which I am entitled.
I ask for general relief.
Respectfully submitted,
Petitioner, Pro Se (Sign your name on the line.)
(PRINT your name and information.):
Name:Telephone:
Mailing Address:
Attachment(s) included with this Petition (Check all that apply):
Exhibit
Exhibit Other Alleged Father
Exhibit Other Presumed, Acknowledged or Adjudicated Father
Exhibit: Other Person with a
I understand that I must notify the Court, each Respondent and each Respondent’s attorney (if the Respondent has an attorney) in writing if my mailing address changes during these proceedings.
©TexasLawHelp.org- Petition to Adjudicate Parentage, March, 2012
Texas Family Code, Chapter 160 |
Page 9 of 9 |