Skip to content 
The parental rights of unmarried parents in Texas are not the same as those of married couples—and that distinction becomes critical during custody, visitation, or child support disputes. Many unwed fathers believe that signing the birth certificate grants them legal rights, but in reality, it doesn’t establish legal paternity. Without taking formal legal steps—such as filing an Acknowledgment of Paternity or obtaining a court order—unmarried parents, especially fathers, may find themselves without a voice in important decisions about their child. Understanding how Texas law defines and protects the parental rights of unmarried parents is essential for securing your role in your child’s life and avoiding costly legal setbacks.
Legal Parentage in Texas
In Texas, the law automatically recognizes the mother of a child at birth. For fathers, it’s different. If the parents are not married when the child is born, the father is not automatically considered the legal parent. This means he has no legal rights to the child until paternity is established.
How to Establish Paternity
There are two main ways to establish paternity in Texas:
- Voluntary Acknowledgment of Paternity (AOP): Both parents can sign an AOP form at the hospital or later through the Vital Statistics Unit. This document makes the father the legal parent.
- Court-Ordered Paternity Test: If there’s disagreement, a court can order genetic testing. If the test proves fatherhood, the judge can declare the man the legal father and issue court orders about custody and support.
Once paternity is legally established, the father can pursue custody or visitation rights and may be ordered to pay child support.
Rights of the Mother Before Paternity Is Established
Until paternity is legally confirmed, the mother has sole custody under Texas law. She can make decisions about the child without the father’s input. This includes where the child lives, medical care, schooling, and daily routines.
If the father hasn’t signed the AOP or received a court order naming him the legal parent, he has no legal grounds to request visitation or custody. He also cannot be forced to pay child support during this time.
Rights of the Father After Paternity Is Established
Once paternity is established, the father gains the same rights and duties as the mother. These include:
- The right to seek custody or visitation
- The right to make decisions about the child’s upbringing
- The duty to support the child financially
A court may still decide how to split those rights based on the child’s best interests. Just because paternity is proven doesn’t mean the father gets equal time or decision-making power automatically. The court will review several factors before issuing an order.
Custody Rights of Unmarried Parents
In Texas, custody is split into two parts:
- Conservatorship: This covers the right to make decisions for the child
- Possession and Access: This refers to the schedule of when each parent sees the child
Unmarried parents can agree on a custody arrangement outside of court. If they can’t agree, a judge will decide based on factors like:
- Each parent’s involvement in the child’s life
- The child’s needs
- The parent’s ability to provide a stable home
- Any history of violence, neglect, or substance abuse
Texas courts often name both parents as joint managing conservators. This means they share decision-making responsibilities. However, one parent may still have the right to determine where the child lives.
Visitation Rights
Visitation, called “possession and access” in Texas, follows a schedule based on what the court believes serves the child best. The standard possession order often gives one parent the right to have the child during weekdays, while the other gets weekends, holidays, and summers.
Fathers who want a larger role in their child’s life must request it during the legal process. Without a formal order, the custodial parent can deny visits even if paternity has been established.
What About Child Support?
Once paternity is established, the court can order the father to pay child support. The amount depends on his income and how many children he supports.
In Texas, the guidelines suggest:
- 20% of net income for one child
- 25% for two children
- 30% for three children
Support may also include payment for health insurance, medical expenses, and school-related needs. If a parent fails to pay, the state can enforce the order through wage garnishment, tax refund seizure, or license suspension.
Can Unmarried Parents Make Their Own Agreement?
Yes. Unmarried parents can create a parenting plan that outlines custody, visitation, and support. If both parties agree, they can submit the plan to the court for approval. Once signed by a judge, it becomes legally binding.
This approach often reduces stress and avoids long legal battles. It works best when both parents communicate well and put the child’s needs first.
Common Misconceptions About Unmarried Parent Rights
“Fathers have no rights unless they marry the mother.”
False. Fathers gain rights through paternity, not marriage. Once legally established, they can pursue the same legal rights as married fathers.
“If I’m on the birth certificate, I automatically have rights.”
Not true in Texas. Being listed on the birth certificate does not give the father legal standing without the AOP or court order.
“Mothers always get full custody.”
Texas courts prefer shared custody unless one parent poses a risk to the child. Fathers can gain equal rights with the right legal action.
“I don’t need court orders if we get along.”
Even if you and your co-parent agree now, future disputes could create problems. A formal court order protects your rights and gives clear rules for both parties.
When Should You Go to Court?
You may need a court order if:
- One parent refuses to cooperate
- There is no signed AOP
- You need to enforce or change a parenting plan
- You want a legal custody or support order in place
Taking the legal route doesn’t mean you expect conflict. It gives structure, protects your child, and prevents problems if the relationship between the parents changes.
What Rights Do Unmarried Parents Have if They Separate?
Once paternity is established, both parents retain their legal rights even if they stop living together. Courts do not favor one parent over the other based on gender or marital status. However, the court may assign primary custody to one parent based on the child’s daily care, stability, and routine.
Parents can still request changes to visitation or support orders if circumstances change. The law allows for modifications when there’s a significant change in income, location, or the child’s needs.
Final Thoughts
The parental rights of unmarried parents in Texas exist—but they aren’t automatic. While mothers are typically recognized by default, fathers must legally establish paternity before the court grants them any parental authority. Until this is done, a father cannot pursue custody, request visitation, or have a say in key decisions about the child’s upbringing.
Without formal legal action, one parent may carry all the responsibility while the other remains legally disconnected. This imbalance can lead to confusion, conflict, and long-term issues. Taking early steps to secure the parental rights of unmarried parents ensures that both parents are given a voice and that the child benefits from meaningful relationships and shared responsibility.
Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Custody E-Book”
Other Related Articles:
- Evaluating the Impact of Unmarried Couples Breaking Up in Texas
- Unmarried Fathers’ Rights in Texas
- Legal Tips for Unmarried Parents Seeking Child Support in Katy
- Visitation Rights: Understanding and Protecting Your Parental Rights
- Understanding Parental Rights and Responsibilities
- Giving Up Parental Rights in Texas
- Terminating Parental Rights in Texas
- What are the parental rights of unmarried parents?
- Termination of Parental Rights for Drug Use
- CPS Parental Rights Termination
- Involuntary Termination of Parental Rights in Texas
Frequently Asked Questions
The standard child custody in Texas is known as “joint managing conservatorship,” where both parents have equal rights and responsibilities for making decisions regarding the child’s welfare.
No, a mother cannot unilaterally take a child from the father in Texas. Both parents have equal rights, and any changes to custody arrangements should be done through the legal process or with the court’s approval.
Child custody in Texas is determined based on the child’s best interests. The court considers factors such as the child’s emotional and physical needs, parental abilities, and any history of domestic violence or abuse when making custody decisions.
In Texas, a child who is 12 years or older may have the opportunity to express their custody preferences to the court. The judge will consider the child’s wishes, but the final decision is based on the child’s best interests.
