Having a child when you’re not married brings many questions. What rights do I have? How do I protect my child? How do I make sure both parents are involved? These are real concerns in Texas. It’s important to know your legal rights and responsibilities, especially since family law can be complicated.
Turner-Monahan PLLC helps many families with these issues. We want you to understand exactly where you stand under Texas law so you can make good decisions.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Happens by Default in Texas
If you are not married and have a child, Texas law gives the mother automatic legal and physical rights at birth. The father does not automatically have them.
Mother’s Rights: From day one, the mother has full legal rights and duties, including making decisions about medical care, education, and where the child lives.
Father’s Rights: The father must take steps to become a legal father before having rights such as custody, visitation, and decision-making.
Establishing Paternity
If you want rights as a father, establishing legal parentage is essential. Texas provides a few ways:
Acknowledgment of Paternity (AOP)
Both mother and father sign a legal form stating the man is the child’s father. This form must be filed with the Texas Vital Statistics Unit. Once filed, the father gains legal rights and duties.
Court Order or Adjudication
If there is disagreement about who the father is, or one party refuses to sign the AOP, a court can order DNA testing and issue a legal ruling on paternity.
Presumed Father
In some cases, a man may already be presumed to be the father. For example, if he marries the mother before or after the child’s birth under certain conditions. This is covered by Texas Family Code §160.204.
Once paternity is established, the father has the same rights and responsibilities as a married father, including custody, visitation, child support obligations, and decision-making.
Custody, Visitation, and Decision Making
After paternity is established, the father may request conservatorship, which is Texas’s term for custody. There are different types of conservatorship, such as Joint Managing Conservator or Sole Managing Conservator. Courts always decide based on the best interests of the child.
Visitation and possession schedules are also set by the court. Without a court order, informal agreements between parents are possible but not enforceable. The court considers many factors when determining custody, such as the child’s relationship with each parent, the ability of each parent to provide care, safety, and stability.
Child Support
Even if parents are not married, both are legally responsible for supporting the child. Once paternity is established, the court can order child support. The Texas Family Code requires both parents to provide support, medical care, and other necessary expenses for the child.
Retroactive child support may also be ordered for past periods when support was not provided.
Key Statutes from Texas Family Code
Here are important sections from the Texas Family Code related to this topic:
Chapter 160, Uniform Parentage Act
- §160.201 – How the parent-child relationship is established
- §160.202 – No discrimination based on marital status. A child born to unmarried parents has the same legal rights as a child born to married parents
- §160.204 – Conditions where a man is presumed to be the father
Section 151.001
Rights and duties of parents, including physical care, moral training, and financial support
Chapter 153
Possession and Access, detailing how courts decide custody and visitation based on the best interests of the child
Scenarios and Rights in Different Situations
Scenario A: Father not on birth certificate, no AOP, no court order
The father has no legal rights to custody or decision making. The mother has full legal rights by default. The father must first file to establish paternity.
Scenario B: Father and mother agree, father signs AOP
The father becomes a legal parent and can request visitation and shared decision making. He is also required to financially support the child.
Scenario C: Dispute over paternity
One parent does not agree about paternity. The court will order a DNA test and make a ruling. If confirmed, the father gains legal rights and obligations.
Scenario D: Safety concerns or one parent unfit
The court can limit or deny rights to a parent if there is a risk to the child, such as a history of abuse or neglect. The best interest of the child is always the priority.
Scenario E: Parents live in different counties or states
Jurisdiction matters. The court in the child’s home state usually has the authority to make decisions.
What Unmarried Parents Should Do
- Sign and file an Acknowledgment of Paternity if both parents agree
- If there is disagreement, file a court case to adjudicate paternity
- Seek a court order for conservatorship and visitation to protect parental rights
- Go through the court or Texas Child Support Division to set up child support
- Keep good records such as expenses, school records, and communication with the child
Misconceptions and Risks
- Being a biological father does not automatically give legal rights without formal legal recognition
- There are strict time limits for contesting paternity or presumed fatherhood
- Informal agreements are not as reliable as court orders and may not protect you in a dispute
Comparison to Married Parents
When parents are married, rights and obligations are automatic. Divorce situations may involve additional issues such as divorce asset split, marriage asset division, spousal maintenance, and postnuptial or prenuptial agreements. These do not apply directly to unmarried parents, but if the couple later marries or separates, these services may become relevant.
For these cases, families may need divorce assistance, a divorce attorney, or family law services to handle issues related to property, custody, and spousal support.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
At Turner-Monahan PLLC, we have decades of experience handling family law cases. We help clients protect their parental rights and secure their child’s future. If you need guidance, we are here to provide reliable legal support and representation under Texas Family Code laws. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
