Unmarried parents in Texas choosing to share in the custody of a child must take additional steps to protect their rights and the rights of a child. Wanting the best for a child and establishing a lasting connection are most parents’ desires, whether or not the relationship between the parents endures. Parents can successfully make these choices work for the benefit of a child, but it is important to understand custody laws for unmarried parents.
Taking early steps is critical. A Brazoria County child custody lawyer can help you understand your rights under Texas law and establish a secure environment for your child to thrive through a legally binding child custody agreement.
Establishing Child Custody in Texas
Parents who are married when a child is born are recognized by law as the legal parents of their offspring. Each parent is given the same rights as the other, as the law automatically recognizes paternity based on the legal bond of marriage. For an unwed father to be considered a legal parent and to obtain legal custodial rights, additional steps often must be taken to establish paternity.
A presumption of paternity (Sec. 160.204) applies to an unmarried father under the law when:
- The father and the child’s mother continuously cohabitate, and the father presents himself to be the child’s father for the first two years of the child’s life.
- The father and the child’s mother marry following that child’s birth, with the father agreeing to be identified on the birth certificate, formally undertaking a child’s support, or filing the necessary vital statistics to declare paternity.
- The birth of a child occurs 300 days or less after the formal ending of a marriage.
When a legal marriage does not exist, or the other actions required to establish a presumption of paternity do not apply, paternity must be established.
While it is not a legal requirement for the father to file for custody, it may ultimately be in the child’s and parents’ best interests.
Maternal Rights in Texas and Custody Laws for Unmarried Mothers
With rare exceptions, establishing maternity in Texas is straightforward. The unmarried mother of a child retains custody or conservatorship of a child both physically and legally. This conservatorship allows a mother to be the sole decision-maker for a child. They have the right to choose where the child will live, how they will be educated, their religious upbringing, and whether they establish a relationship with the father.
Paternal Rights in Texas and Custody Laws for Unmarried Fathers
For fathers, being unmarried and having a child requires additional steps to establish their legal rights as parents. These rights are not automatically recognized without marriage. One of three actions must be taken to share in custody or conservatorship as a father:
Establishing Paternity Voluntarily
The parents of a child can file an Acknowledgement of Paternity (AOP). Many parents use this method of establishing paternity and custody in Texas, providing the determination of a child’s legal father. This document can be signed before or after the birth of a child. Contact a Brazoria County paternity attorney to obtain assistance with help establishing paternity in Texas.
Agreed Paternity Order
When the parents of a child, along with a judge, sign a court order establishing the father of the child, it is called an agreed paternity order. This document designates paternity and gives a father legal rights to a child, such as custody and visitation. It also establishes a father’s parental duties for a child and medical support.
A child custody lawyer in Brazoria County can explain the types of conservatorships available to parents in Texas and assist with the implementation of an effective parenting plan. Texas recognizes the significance of both parents in a child’s life and presumes shared parental custody (Sec. 153.01) unless another form of conservatorship is proven to be in the child’s best interests.
Court-Ordered Paternity
When two adults cannot agree on who the father of a child is, then a court will order the potential candidate to undergo paternity testing. Once paternity is determined, a father will establish their legal rights to custody and visitation, financial responsibilities, and medical support obligations.
An accredited lab must perform DNA or genetic testing, and self-testing methods are legally prohibited. Seek legal guidance from an experienced family law attorney in Brazoria County to establish paternity and custody, particularly when court orders are required.
Why Establishing Paternity for Unmarried Parents is Vital in Texas
Being legally recognized as a child’s parent allows an individual certain parental rights. It is critical to understand that these rights are not guaranteed and may be withdrawn from a parent determined to be unfit. A parent in Texas has the right to:
- Have their name on a child’s birth certificate
- Engage with a child by spending time with them
- Participate in school functions and other activities
- Make decisions impacting a child when the child is in their custody
- Communicate with physicians and educators, as well as access their medical and school records
- Act as an emergency contact and consent to a child’s medical treatment
As mentioned, the Texas courts feel it is in a child’s best interest for both parents to participate in a child’s life, sharing conservatorship.
Types of Child Custody in Texas
Custody is often discussed in terms of physical or legal custody. Texas courts will refer to these types of custody in two ways:
- Managing conservator: The parent a child resides with and also the parent controlling the decisions about a child’s welfare. Both parents may be named managing conservators. The courts are not allowed to discriminate based on marital status or sex (153.03) when parental rights have been established.
- Possessory conservator: A parent granted visitation with a child. Possession of or access to a child may be limited based on a history of violence or abuse (153.004).
Having physical custody of a child may place a child in a parent’s home and under their care most of the time. Legal custody, however, is what allows both parents to participate in the decisions impacting a child’s life.
Custody may also be discussed in terms of sole or joint custody. Joint custody or joint managing conservatorship gives parents a more equal involvement in a child’s life and decisions impacting their wellbeing. Sole custody allows one parent to assume a child’s legal and physical custody.
Child Support and the Right to Custody in Texas
Establishing paternity allows an unmarried mother to begin the process of seeking child support in Texas to provide for the child’s needs. Additionally, it also establishes the following:
- Medical care through a father’s medical benefits, if necessary
- The right to a father’s inheritance
- Paternal social security benefits
- Potential veteran’s benefits
Texas considers supporting a child financially to be each parent’s duty. Establishing paternity provides significant benefits for a child should a parent die, become disabled, or decide to withdraw financial support for the child.
Establish Custodial Rights as an Unmarried Parent in Texas
Establishing paternity and custodial rights in Texas is beneficial to a child. It also creates essential avenues for both parents to play an active role in a child’s life despite not having a marital relationship.
Speak with the Brazoria County family lawyers at Terry & Roberts for invaluable assistance with gaining custody of your child. Terry & Roberts has played an instrumental role in the complex family law process for many Texas families. We are here for your family as well.