One of the most difficult and sensitive issues in family law is child custody. Emotions run high when child custody decisions need to be adjudicated. And, while every child custody case is challenging, unmarried parents can often face additional obstacles. The following is a brief glimpse into the laws surrounding child custody and unmarried parents in the state of Texas.

First and foremost, it’s important to understand that Texas law is very clear about one thing: When a child is born in Texas to parents that are not legally married, the biological mother receives all of the rights and responsibilities of parenting that child alone. The biological father has no rights in regard to the child until either he or the mother takes legal action to secure them. Thus, establishing paternity is the most significant challenge unwed parents face in child custody decisions.

Paternity In Texas

Paternity is a two-sided issue for both mothers and fathers. For mothers, establishing paternity is necessary for receiving legally-mandated child support payments, but it also means giving the father legal rights. For fathers, the same is true: By establishing paternity, fathers secure certain parental rights but also gain the responsibility for providing child support.

Paternity must be established in court and can be done in two general ways. The first and easiest way to establish paternity is a process known as “acknowledgement of paternity.” If both parents agree on the identity of the biological father, both natural parents can sign a legally binding form acknowledging paternity. Quite often, this form is signed in the hospital at the time of birth, but there is no time limit on acknowledging paternity.

If paternity is in doubt by either party, paternity must be established involuntarily. The mother, father, or other agent of the state can bring a motion to the court to involuntarily establish paternity, at which time a DNA swab test will be done. If the man does not appear in court as required, it’s possible that a judge might issue a default order to name him the father without a DNA test. 

Once paternity is legally established, the child’s birth certificate is amended and mothers and fathers can begin to negotiate other issues such as custody and visitation.

Child Custody Issues For Unmarried Parents

Once paternity is established, unmarried parents encounter the same child custody challenges faced by divorcing parents. In Texas, judges decide custody issue based on the best interests of the child. Family courts are not allowed to show preference to either parent during these cases. The judge will consider many factors when ruling on custody disputes, including:

• The quality of the living environment provided for the child
• The financial stability and income of the parents
• The health of the parents, both physical and mental
• The parents’ relationship with the child
• Any criminal history or incidents of domestic violence, child neglect, or drug abuse

For all child custody issues, it’s important to have an aggressive divorce attorney in San Antonio, Texas, to represent you and your interests, one who knows the law and will fight to make sure you and your children will get the care and support you need to survive and thrive.