Who Has Legal Custody of a Child When the Parents Are Not Married in Texas

Taly Thiessen of Thiessen Law Firm is a leading paternal rights attorney in Houston. It can help you navigate the murky waters of Texas custody laws. For example, one parent may prevent the other parent from seeing their children because of a parenting dispute. In Texas, the mother automatically has legal and physical custody of a child if both parents are not married, even if the father`s name appears on the birth certificate. By default, the mother is granted legal and physical custody at the birth of the child. However, in a paternity case, the father must pass a DNA test, which is one of the first steps in determining paternity. Once the man has established paternity, he can work to clarify custody and access. Our family lawyers have over 70 years of experience helping mothers and fathers make the best decisions for themselves and their families. We are a full-service law firm that offers a client-centric, results-oriented approach to resolving legal issues with children in Houston.

Call (713) 336-7200 for a consultation or fill out our contact form. A lawyer from our firm will contact you to discuss your custody. For example, they may not be able to leave the territory or state if it prevents the non-conservative parent from having access to their child. These restrictions generally do not apply if the non-custodial parent agrees to move or leaves the zone themselves. As often as possible, Texas courts prefer to issue Joint Trusteeship Management (JMC) agreements. Research shows that the involvement of both parents is primarily in the best interests of the children, and so the courts try to encourage this whenever the situation allows. Once the father has established paternity, he may apply for guardianship of the child under the same conditions as any married father. A court may appoint him as co-managing curator, sole curator manager or possessive curator. Paternity lawsuits don`t just have short-term legal benefits.

There are also long-term benefits. If something happens to the mother, at least in most cases, only one legal parent has custody. If a father wants his children to live with him one day, only a SAPCR lays the right foundation. The first option is for both parents to sign a Paternity Document (AOP). The use of this legally binding form is more common among unmarried couples who live together or have separated amicably and want to work together to raise their children. Unmarried fathers have legal rights only if they take legal action. For a confidential consultation with an experienced Dallas parenting attorney, contact Orsinger, Nelson, Downing & Anderson, LLP at (214) 273-2400. Virtual, in-home and after-hours visits are available. To have rights over his child, a single father must first legally prove his paternity. This requires more than his name on the birth certificate.

A person may establish paternity either by acknowledgement of paternity or by an action for paternity. If parents cannot agree, the courts issue permits and restrictions. We have not forgotten fatherhood campaigns and their benefits for mothers. RAPCS usually contain child support orders. In addition, these judgments often include other financial provisions, such as reimbursement of hospital bills. If a protection order is appropriate, CAP generally includes it as well. There is only one situation where the law assumes that a single man is the father of a child. He must have lived continuously with the mother and child for the first two years of the child`s life and must have shown others that the child belongs to him. How your custody contract is set up can affect everything from the number of times you can see your child to the monthly payment of child support.

In other words, Texas custody laws can have a huge impact on your quality of life. In particular, the law focuses on sexual assault and crime. The court may refuse custody or contact with men if the child in question was conceived as a result of a sexual crime against the mother. In co-curatorship (JMC), both parents share custody. Both have the fundamental right to make decisions about and for their child and equal responsibility for the care of the child. To claim custody of their children, single fathers must first prove paternity. Texas child custody laws for unmarried parents require that the mother automatically have custody of the child, both legally and physically, unless the father has established paternity by law. Even if the father`s name appears on the child`s birth certificate, he has very limited rights over the child. Custody: The parent has the right to make important decisions concerning, among other things, the child`s health, education and religious upbringing. In Texas, both parents can share custody. Unless the father proves his legal filiation, he has no rights of custody or access.

This means that the mother can take the child anywhere without the consent of the other parent – even outside the country. The mother may also restrict visits for the father and the father`s family. Conservatory is the legal term for parents. This designation also determines who determines the child`s place of residence. There are joint executive conservators, unique executive conservators, and possessive conservators in Texas. First, a custody agreement or court order is divided into several key points. Guardianship, rights and duties, possession, access, alimony are the main issues in determining custody. Calling the police in such a situation will not help, as there is no court order that clearly states who is the primary decision-maker for the child. If the unmarried couple separates, they must go to court for custody orders for their children. For all other single fathers, there are only two ways to determine paternity: an acknowledgement of paternity or a decision on paternity. It is not enough to be registered on the child`s birth certificate. After a divorce, both parents have rights over their children, depending on visiting hours and other court-ordered matters.