That is not true. But if you have not established paternity through marriage or an AOP, you need to file a paternity case in association with your effort to obtain child support.
By statute:Quoting poechrisk
Note that there is a difference between being an alleged father ("a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined") and being a presumed father. A presumed father falls under one of the categories set forth in Texas Code, Sec. 160.204. Your ex- probably doesn't fit the definition, but we lack the facts to be certain.Quoting Texas Family Code, Sec. 101.024. Parent.
In terms of a petition to change the name of a minor child:
If you file your petition without identifying a father, the court may have any number of questions for you in relation to why a father has not been identified, and whether a father should have been served with notice of the proceeding. It's possible that the court would find your answers satisfactory, but it's also possible that the court will find that there are questions that remain unanswered and thus that it will be necessary for you to serve the alleged father with a copy of your petition before the name change will be permitted to proceed.Quoting Texas Family Code, Sec. 45.003. Citation.
If it were me, I would serve the father under the assumption that he probably won't appear, and if he were to appear (assuming he doesn't qualify for a presumption of paternity) I would argue that he lacks standing to object to the petition. Unless the facts dictate that he's a presumed father, I would not identify him on the petition as the child's legal or presumed father, but would file proof of service with the court in advance of the proceedings in case notice became an issue. If he is entitled to a presumption of paternity, he has the right to be served with the petition and to object to the name change.
His rights have not been established. That's something entirely different from their having been terminated.Quoting poechrisk

