In Texas, when a child is born to unmarried parents, legal paternity must be established before the father has any rights or responsibilities. This process not only affects custody and visitation but also determines financial obligations such as child support and medical coverage. Whether you are a mother seeking support or a father wanting legal recognition, understanding how Texas law treats paternity is crucial.

How Do You Establish Paternity in Texas?

Paternity can be established in two primary ways:

Voluntary Acknowledgment of Paternity (AOP)

If both parents agree on the father’s identity, they can sign an Acknowledgment of Paternity (AOP) form. This document establishes the father’s legal relationship with the child without needing a court order. The form is available at hospitals, local birth registrars, and the Texas Vital Statistics Unit. Once signed and filed, the father’s name is added to the birth certificate, and he gains legal rights and responsibilities for the child.

Suit Affecting Parent-Child Relationship (SAPCR)

If paternity is contested or not voluntarily acknowledged, either parent can file a Suit Affecting the Parent-Child Relationship (SAPCR) in court to determine the child’s legal father. This may require DNA testing to confirm biological parentage. The court may issue a temporary order until the paternity determination is finalized. Once paternity is established, the court will address custody, visitation, and child support obligations.

Why Establishing Paternity Matters

Establishing paternity benefits both parents and the child. It provides legal clarity and ensures that both parents have a defined role in the child’s life.

For Mothers Seeking Child Support

If a mother wants to receive child support from the child’s father, she must establish legal paternity first. Without a court-recognized father, there is no legal basis to require child support payments. A SAPCR ensures the father is financially responsible for the child’s needs, including medical and dental insurance.

However, establishing paternity also grants the father legal rights to the child. This means he may seek custody, joint conservatorship, or visitation. Before filing, a mother should be prepared for the possibility that the father will become legally involved in parenting decisions.

For Fathers Seeking Custody or Visitation

Unmarried fathers in Texas do not automatically have parental rights. Even if a man believes he is the child’s father, he must legally establish paternity to have any say in custody, visitation, or major decisions regarding the child’s upbringing.

By filing a SAPCR, a father can seek:

• Custody or visitation rights
• Decision-making authority over the child’s health, education, and welfare
• Legal recognition as the child’s father

However, legal paternity also comes with responsibilities. A father granted parental rights will also be required to provide child support and health insurance.

What Happens in Custody Cases for Unmarried Parents?

Custody, referred to as “conservatorship” in Texas, works the same way for unmarried parents as it does for married parents going through a divorce. Once paternity is established, the court will determine:

• Which parent the child will live with primarily (primary conservator)
• A visitation schedule for the non-custodial parent
• Who will pay child support and provide medical coverage

If paternity is in question, the court may require a DNA test before making any custody or support decisions. Additionally, Texas courts prioritize the child’s best interests when determining custody and visitation rights.

Types of Conservatorship in Texas

• Joint Managing Conservatorship (JMC): Both parents share decision-making responsibilities, though one parent may have the right to determine the child’s primary residence.
• Sole Managing Conservatorship (SMC): One parent has exclusive decision-making authority. This may be granted if the other parent is deemed unfit due to neglect, abuse, or absence.

The court considers several factors when making custody determinations, including the child’s emotional and physical needs, the ability of each parent to provide a stable environment, and any history of domestic violence or substance abuse.

Can a Father Claim Parental Rights Years Later?

Many unmarried mothers believe that if the father is absent early on, he cannot later come back and claim rights to the child. However, this is not the case. Under Texas law, a biological father can file for parental rights at any time.

If the father was not initially involved in the child’s life but later seeks custody or visitation, the court will evaluate factors such as the child’s current living situation, the existing parent-child relationship, and whether granting rights to the father would serve the child’s best interests. In some cases, the court may order supervised visitation to gradually introduce the father into the child’s life.

Avoiding the issue will not prevent legal action in the future. If a mother has concerns about custody or wants to establish legal parameters early on, it is best to take action sooner rather than later.

What Happens if a Parent Refuses to Comply With Custody or Support Orders?

Once a court order is in place, both parents are legally required to follow it. If a parent refuses to comply with child support or visitation orders, the other parent can take legal action.

• Failure to Pay Child Support: Texas enforces child support orders strictly. A parent who refuses to pay may face wage garnishment, suspension of a driver’s license, or even jail time for contempt of court.
• Violation of Visitation Orders: If a parent denies court-ordered visitation, the affected parent can file a motion to enforce the order. The court may impose fines or modify the custody arrangement if the violation continues.

If you are facing issues with child support enforcement or visitation denial, it is crucial to seek legal advice immediately.

What Should Unmarried Parents Do Next?

Navigating paternity and custody laws in Texas can be complex. If you are an unmarried mother seeking child support or a father wanting custody or visitation rights, understanding the legal process is critical.

Steps for Mothers Seeking Child Support

1. Establish legal paternity through an AOP or SAPCR.
2. File for child support and medical coverage through the Office of the Attorney General or a private attorney.
3. Prepare for possible custody or visitation claims from the father.

Steps for Fathers Seeking Custody or Visitation

1. Establish legal paternity through an AOP or SAPCR.
2. File for conservatorship, visitation, or decision-making authority.
3. Work with an attorney to create a parenting plan that serves the child’s best interests.

When to Seek Legal Assistance

Legal representation is highly recommended when dealing with paternity, custody, or child support matters. A family law attorney can help you understand your rights, navigate court procedures, and advocate for your best interests.