Unmarried Parents

In family law, parental and marital rights are completely different. Every parent in Texas has the same rights, powers, and authority over their children, regardless of relationship status. That being said, unmarried parents can still face some additional hurdles when it comes to establishing paternity and child custody—largely because they don't qualify under Texas's presumption of parenthood.

What is a "Presumed" Parent?

In Texas, a child born to married parents is "presumed" to be the biological offspring of the spouses in that marriage. As a result, these parents are automatically recognized as legal parents and can exercise their full parental authority once the child is born. Except under very limited circumstances, unmarried parents—particularly fathers—do not qualify under this presumption of parenthood.

Who Has Custody When the Parents Aren't Married?

In Texas, when a child is born to unmarried parents, the mother gets custody, including all legal and physical custody powers. Unmarried fathers do not receive custody at this time—even if their name is listed on the child's birth certificate. Due to the nature of childbirth, there's generally very little doubt as to the identity of a child's biological mother. In contrast, identifying a child's father isn't always as clear-cut.

Establishing Paternity Voluntarily

The easiest way to establish paternity is for both parents to sign an "Acknowledgement of Paternity" and file it with the Texas Vital Statistics Unit. An AOP is kind of like a consent form that both parents use to recognize the identity of a child's biological father. This document must be voluntarily signed by both parents. Once it's complete, the genetic father listed on the AOP will be granted all of the rights and authority of a legal parent—including his share of custody.

Establishing Paternity Involuntarily

Sometimes an unmarried father doesn't want to take responsibility for his child. Other times, an unmarried mother might not want to acknowledge her child's father. Since an AOP must be signed voluntarily, the only way to establish paternity in either of these situations is to initiate a paternity case. According to the Texas Family Code, the child's mother, a man claiming to be the child's father, or a governmental agency can file a paternity suit. Thanks to DNA testing, these suits can be settled relatively quickly.

Why is Establishing Paternity so Important?

A child is entitled to stability and support from both of its parents. Establishing paternity is a critical part of making sure each adult fulfills this obligation. For a child, establishing paternity helps them: foster a personal relationship with both parents; gain access to their family's medical history; learn about family history and traditions; access quality health care through their parents' medical insurance; and become a beneficiary of their parents' estate.

Unmarried Parents Attorneys in Texas

Parenting is a lifelong calling that requires an incredible amount of work, many sleepless nights, and a fair bit of your sanity. Which is why it's so important to ensure that both unmarried parents can access their rights. If you have more questions about child custody and how Texas handles parental rights for unmarried parents, we want to hear from you. Call the North Texas Family Lawyers team today at (972) 436-8000, or schedule a consultation online, and let us help you start creating the best possible future for your child.