What Are the Rights of Unmarried Fathers in Houston for Child Custody?

What Are the Parental Rights of Unmarried Mothers in Texas?

The child custody laws of Texas can feel extremely complicated, especially for unmarried parents. Every family’s circumstances are unique, and every custody matter must be handled case-by-case. However, certain laws may pertain to many child custody cases in Texas, including those involving unmarried mothers and fathers.

When the parents are unmarried in Texas, the birth mother automatically obtains physical and legal custody of their child. Unless other steps are taken, the mother has the right to physical possession of the child and the authority to make important life decisions regarding the child’s upbringing, religious beliefs, education, healthcare, and more.

Regardless of whether the parents are in a domestic relationship, the unmarried mother retains sole conservatorship over the child — this means that the mother has the exclusive right to determine where the child shall live and has the right to make decisions on the child’s behalf without further input from the father.

While unmarried mothers may not be required to establish paternity to secure their parental rights, doing so is nonetheless highly recommended, especially for mothers seeking child support payments and official recognition of the child’s father.

What is the Importance of Paternity in Houston Child Custody Cases?

For married couples in Texas, state law automatically recognizes the husband as the child’s legal father. However, for unmarried parents, the legal process of establishing paternity must be undergone to satisfy legal issues such as child custody, visitation rights, or child support payments can be established.

It is possible to establish paternity voluntarily if both parents sign an Acknowledgment of Paternity (AOP). Alternatively, proof of paternity could be sought via a legal action and court order.

Once paternity has been established, discussions can begin regarding child custody, visitation rights, parenting plans, and more. Established paternity also clearly defines both parents’ rights and responsibilities, including providing financial support, inheritance rights, legal decision-making authorities, and access to medical records.

Do Unmarried Fathers Have Parental Rights Before Establishing Paternity in Houston, TX?

Unmarried fathers who have not established paternity have very little in terms of parental rights in Houston, Texas. In our state, the mother is automatically given full legal and physical custody of her child, regardless of whether the father’s name appears on the birth certificate.

Until the unmarried father takes steps to become legally recognized as the father, he should expect to have no legal parental rights. Additionally, until the man is legally recognized as the father, he does not have to pay child support obligations. Only once legal recognition is granted to the father will he have the same rights as any other married father, including visitation rights, legal decision-making authority, and child support, if applicable.

Please contact our Houston law firm to schedule a free case evaluation with our compassionate child custody lawyer today.

Is There Ever a Presumption of Paternity?

In most cases, the man is only presumed to be the father of a newborn child if he is married or was recently married to the mother.

There is a presumption of paternity in the following instances:

• The man is married to the child’s mother when the baby is born
• The child is born approximately 300 days after the end of the man’s marriage to the child’s mother
• The man marries the child after the baby’s birth, asserts his paternity and legal record, is named the father on the child’s birth certificate, and promises in a legal record to support the child as his own
• The man must have continuously lived in the household with the child for the first two years of the child’s life and presented to others as though he was the child’s father

Suppose none of the above presumptions apply to your case. In that case, additional steps must be taken by fathers and/or mothers to establish paternity. Please contact our Texas law firm for legal assistance.

What Custody Rights Do Unmarried Fathers Have Once Paternity is Established?

To establish paternity, the father can file an Acknowledgment of Paternity with the Texas Vital Statistics Unit or obtain a DNA test to determine biological parentage. If there is a paternity dispute, the court may order a DNA test to determine parentage.

Once paternity is established, an unmarried father gains the same legal parental rights as any married father would possess in the event of a divorce. The unmarried father can then seek legal conservatorship of his child, which grants him child custody.

The unmarried father can seek joint managing conservatorship over his child, which means that both he and the mother will share legal authority over important life decisions on behalf of their child. However, the father also has the right to seek sole managing conservatorship, in which case the man will have sole physical custody of his child, and the mother will only be granted visitation rights. Depending on the circumstances of each case, these visitations may be supervised if it is deemed necessary to protect the child’s best interests.

Is There a Statute of Limitations for Establishing Paternity?

If there is no presumed father in the child custody case, an unmarried father can seek to establish paternity at any time. Paternity suits can even be filed after the child becomes an adult.

However, in cases where there is a presumed father, the unmarried father must challenge paternity within four years of the child’s birth.

There are two exceptions to the statute of limitations in cases with a presumed father. If the presumed father was misled to believe that the child was his, this may be an exception to the statute of limitations. Additionally, suppose the mother did not engage in sexual intercourse or live with the presumed father at the time of the child’s conception. In that case, this may also be an exception to the statute of limitations rule.

Schedule a Free Consultation with an Experienced Child Custody Attorney in Houston Today

Unmarried fathers are not granted the same legal rights that married fathers typically are, at least not automatically. Unmarried men seeking custody arrangements are encouraged to retain professional legal representation from an experienced father’s rights attorney local to their state.

Our Texas law firm has extensive experience representing fathers’ rights in Houston in various family law cases, including child custody matters involving unmarried parents. As your legal representation, our team will work to defend your interests in pursuit of the most optimal outcome for your child custody case.

To learn more about our legal services and how a child custody lawyer can assist you throughout the complex process of proving paternity and obtaining parental rights, please contact our Houston law office to schedule your free initial consultation today. You can reach us at 713-597-6435.