Texas Custody Laws for Unmarried Parents
Navigating custody matters as an unmarried parent can present certain challenges and uncertainties that are not always present for married parents. Thus, understanding the rights and responsibilities of unmarried parents when it comes to custody and visitation matters is crucial to protecting your rights and ensuring the well-being of your children in the future.
In this blog post, we’ll explore the key aspects of custody laws as they pertain to unmarried parents in Texas. Whether you are an unmarried parent seeking to assert your rights or are simply looking to understand the legal framework of Texas custody laws for unmarried parents, use our guide below to learn more and see how the family law attorneys at The Larson Law Office PLLC can help you move forward.
First Things First: An Overview of Texas Custody Laws
Before delving into the details of custody rights for unmarried parents in Texas, it is first important to have a basic understanding of how custody works, generally. Here are a few things to keep in mind about child custody in Texas.
What Is Conservatorship?
In Texas, conservatorship is the word used to describe the legal concept of parental rights and responsibilities regarding the custody, care, and decision-making rights of a child. This is frequently referred to as “custody.” However, it’s important to remember that the official term under Texas law is “conservatorship.”
Legal vs. Physical Custody
There are two types of conservatorship, or custody: legal custody and physical custody. These are referred to as managing conservatorship and possessory conservatorship, respectively, under Texas law.
Managing conservatorship refers to the rights and responsibilities of parents to make important decisions affecting the child’s life and well-being. Commonly, this includes decisions regarding the child’s:
- Education,
- Healthcare,
- Religious upbringing, and
- Extracurricular activities.
Notably, courts may appoint one parent as the sole managing conservator, or it may appoint both parents as joint managing conservators, meaning that they will share decision-making authority jointly.
Possessory conservatorship is where one parent is appointed sole managing conservator, the other parent will typically be appointed a possessory conservator. While this parent will have certain possession and visitation rights, they generally will not have any decision-making authority over the child.
Child Custody Laws in Texas for Unmarried Parents
When a child is born to a married couple, both parents are legally recognized as the child’s parents automatically. Thereafter, should the couple choose to end their marriage in divorce, they will both have the right to pursue custody, visitation, and child support. However, when a child is born to unmarried parents, such rights do not attach automatically.
Keep reading to learn more about the rights of unmarried parents in Texas.
Rights of an Unmarried Mother in Texas
Generally speaking, unmarried mothers typically have more rights by default compared to unmarried fathers. This is because a mother will be presumed to be the legal parent of a child at the child’s birth regardless of whether she is married. Accordingly, unless the father has established paternity, an unmarried mother will have the sole legal right to make decisions for the child.
One important thing to note, however, is that if paternity has not been established, the mother will be unable to pursue child support payments.
Rights of an Unmarried Father in Texas
An unmarried father’s rights will depend on whether or not they have established legal recognition as the child’s father. By default, an unmarried father typically will not have any parental rights unless and until they have established paternity, even if his name is on the child’s birth certificate. However, he is presumed the child’s father if, during the first two years of the child’s life, he continuously resides in the same household as the child and represents to others that the child is his own.
Outside of this scenario, an unmarried father must establish paternity by executing what’s referred to as an acknowledgement of paternity. Importantly, this must be signed by both the father and the mother. If the mother refuses to sign, the father may instead need to initiate a paternity lawsuit to establish his parental rights.
The Larson Law Office: Your Trusted Custody Lawyers
Whether you are an unmarried mother or unmarried father, it’s important to understand your legal rights. Moreover, it is crucial that you have an advocate in your corner to help you obtain the results you need and deserve.
If you have questions about your rights and responsibilities as an unmarried parent in Texas, the family law attorneys at The Larson Law Office are here to help. We pride ourselves on our zealous advocacy, open and honest communication, and the individually-tailored attention we provide to each of our clients. Give us a call today to discuss your case and see how we can fight for your rights and your family moving forward.
FAQs
Do Unmarried Fathers Have the Same Rights as Unmarried Mothers Under Custody Laws in Texas?
No, by default, unmarried fathers do not automatically have the same legal rights as unmarried mothers under Texas law. For example, unmarried mothers typically do not have to take any action to establish parentage. As a result, they will automatically have legal recognition as the child’s mother, meaning they can make decisions on the child’s behalf. Unmarried fathers, on the other hand, must generally take action to establish paternity and receive legal recognition as the child’s father before having any rights over the child.
Do Married and Unmarried Fathers Have the Same Custody Rights?
No, the custody rights of married and unmarried fathers differ. While both have the opportunity to assert certain custody rights, it is generally easier for married fathers. For example, married fathers are presumed to be the legal fathers of any children born during the marriage, giving them automatic rights and responsibilities related to their child, whereas unmarried fathers must first establish paternity to acquire such rights.
How Long Do I Have as an Unmarried Father in Texas to Establish Paternity?
In most cases, there is no specific time limit for unmarried fathers to establish paternity of a child in Texas. Nevertheless, establishing paternity early on can help ensure that fathers can later assert their legal rights regarding child custody, visitation, and support without delay.