Do Father’s Have
The Same Rights
As Moms In Texas?

Determining The Child’s
Father Under Texas Law

To determine what rights a father has under Texas law, it is first necessary to identify the child’s father. If you are not a legal father, you do not have parental rights for the child. The easiest way to gain parental rights as a biological father is to be married to the child’s mother.

However, if you are not married, you must establish paternity separately to obtain your rights in Texas. There are a few ways to establish paternity in Texas, including:

• Living Together – As per the Texas Family Code, a man who has resided with the child’s mother for the first two years of the child’s life and cared for the child as their own is the child’s presumed father.
• Acknowledgment of Paternity (AOP) – If both parents agree, both the father and the mother can sign an Acknowledgment of Paternity (AOP). Acknowledgment of Paternity can be done at the hospital after the child is born or through the Texas Vital Statistics Unit.
• Petition to Adjudicate Parentage – If the other parent disagrees with a father’s paternity claim, the father may need to file a Petition to Adjudicate Parentage, and get parental rights through a court order. The court may order DNA testing to determine if they are the biological father.

In Texas, it is not enough to just have your name on the child’s birth certificate if you are an unmarried father. You must take active steps to become the legal father of the child under the law.

Child Custody Laws in Texas

Often, people believe that mothers are favored under child custody laws, and Judges are more likely to award primary custody to the child’s mother. However, both the mother and the father have equal rights under child custody laws in Texas. The primary consideration of the court when making custody decisions, in relation to primary or joint custody, is the best interests of the child.

The Judge in family law cases involving custody will consider the child’s life, and whether it is in the best interests to award primary custody to the mother or the father. If the child has lived with the mother separately until this point, the court may award primary custody to the mother.

However, if both the mother and father have taken care of the child together and are now separating, they will be viewed equally before the law. If the married or unmarried father has taken primary care of the child, such as bringing them to school and doctor’s appointments, feeding them, and having a major involvement in the child’s life, this will benefit them in child custody cases.

The Judge will also consider other factors when determining who the custodial parent should be, including whether either parent poses a safety risk to the child, the emotional needs of the child, and the stability of each parent.

The Statistics

90% of custody cases are settled outside of the courtroom. These cases are conducted with either the parents coming to a mutual agreement which the court signs off on or with the aid of a mediator. 51% of these cases end with the mother gaining physical custody, while the father becomes the non-custodial parent.

Divorce and custody is not an easy battle. Emotions and tensions are high. It is usually in the best interest of both parties to have a third-party mediator or attorney to look out for your best interests. These skilled individuals are experts at presenting the best qualities that you put forth in your child’s development.

How to Maximize Your Chances

There are several things you can do to maximize your chances of getting a great outcome and being able to spend significant amounts of time with your children. The most important is hiring a great lawyer who will help you to make the most of the situation. They will know the Texas custody laws intimately and therefore be able to tell you what you can expect.

Before deciding to go to court, speak to your attorney about mediation and how you could avoid lengthy proceedings. It might be best for both you and your family to come to an agreement amongst yourselves.

Hire a Great Family Lawyer

The lawyer you choose will have a great impact on your outcome because they are the person who has to advocate for your rights. If you choose someone experienced and competent, you can expect to get a significantly better result. When you first get started, your attorney will ask you about your situation and discuss the possibilities. All factors, such as the time you have spent with your children and your employment situation, will be taken into consideration.

Then, you and your lawyer will work together closely to fight for your rights. They can help you compile all the evidence you need to prove that you are a responsible and engaged parent who deserves to spend time with the children. Depending on your individual situation, you can file for full or joint custody.

Try to Settle Out of Court

For most families, settling out of court is much less stressful. To do so, your lawyer will suggest certain options such as mediation, which involves a mediator speaking to both you and your spouse and trying to find a solution that suits everyone. This process can result in a better outcome for you and a less traumatic experience for the children.

Do Unmarried Parents Share Equal Custody?

Unmarried parents do not automatically have equal custody rights in Texas. As an unmarried father, you must first establish paternity to get parental rights and then a court order to establish custody rights. Unless you have been taking care of the child until this point, the courts generally presume that the mother has primary custody of the child.

However, once you establish paternity and request custody or visitation rights through the court, you can gain parental rights. You can file a petition to the court to request custody or visitation rights and negotiate to arrange a custody arrangement that works for you and the child’s mother.

The primary consideration of the Judge will be the best interests of the child. In most cases, the courts favor awarding parenting time to the child’s father, as they view it to be in the child’s best interests. However, if there are reasons it would not be in the child’s best interests, such as drug abuse or criminal convictions, the Judge may rule against them.

If you are trying to establish custody and visitation rights as a father in Texas, we strongly advise seeking legal assistance from an experienced attorney. Navigating the custody system is complex and can be quite overwhelming if you have no legal experience. An attorney can guide you through the process and advocate on your behalf.