Unmarried Child Custody In Texas

Congratulations! You just welcomed a tiny little bundle of joy into your life. While this is certainly an exciting time, you may also be facing a lot of uncertainty, especially if you are an unmarried parent. As you navigate forward, you will likely have some questions about your rights as an unmarried parent in the state of Texas. So, let’s take a look at what you can expect.

What happens with child custody when the parents are unmarried in Texas

It is certainly not uncommon for a child to be born into a family with unmarried parents. However, if you are an unmarried couple who have children in the state of Texas, you will face some child custody challenges that married (or previously married) couples do not.

Mothers automatically have legal and physical custody of a child when the parents are unmarried in Texas. Yes, even if the father’s name appears on the birth certificate. In Texas, the mother is granted legal and physical custody at the time the child is born.

What rights does an unmarried father have in Texas?

If an unmarried father wishes to have parental rights in Texas, the father must first establish paternity. If the father chooses not to or fails to do so, they will have essentially no rights to child custody or visitation. This would also mean that the unverified parent would have no grounds to receive child support.

What rights does an unmarried mother have in Texas?

In some cases, an unmarried mother may have more rights than a married mother. In Texas, mothers are automatically granted legal and physical custody of a child when the parents are unmarried. If the father fails to prove paternity, the mother can decide if and/or when the child visits with the father.

The unmarried mother also has the right to make all of the decisions for the child. The unmarried mother can move to another state without notifying the father. It’s important to note, however, that if the father is not legally recognized, the mother cannot collect child support from him.

How to navigate child custody in Texas when you’re an unmarried parent

If you’re unmarried and have questions about how to navigate forward with your child custody, contact a trusted Texas family lawyer. We are Proffitt & Associates, and we’ve got your back. We are specialists in Houston, TX, and serve the greater Houston area. To learn more about your parental rights as an unmarried parent, schedule your free one-hour consultation today!