When people talk about child custody matters, such discussions often revolve around divorce. After all, married parents who decide to divorce typically have to find ways to share parental rights and responsibilities. Disagreements about custody matters can often be the most complex aspect of a divorce.
However, many parents with minor children are not married to one another. If they separate, they also have custody issues they need to address. Unmarried parents, especially fathers, are often unsure of their rights under the law in Texas. What do unmarried parents need to know about child custody?
The basics of Texas custody rules
The Texas family courts acknowledge and allocate two forms of custody. Parents have to share physical custody or time with their children. The parent with physical custody has the responsibility to meet the child’s needs, such as feeding and clothing them.
They also have to share legal custody or decision-making authority. Either parent can make decisions using their legal custody for minor issues during their parenting time. They may need to discuss decisions with a co-parent before making choices with long-lasting consequences.
If a judge has to decide how to distribute those parental rights and responsibilities, their main consideration is what is in the best interest of the children. They typically want the parents to cooperate with one another and to communicate regularly.
Factors including substance abuse, finances and a willingness to abide by the terms of a custody order can influence the judge’s determinations about the overall allocation of parental rights and responsibilities. Custody orders are subject to modification when family circumstances substantially change.
The special rules for unmarried parents
Generally speaking, all parents have the same basic parental rights and responsibilities regardless of their marital status or sex. However, the situation is a bit different in cases involving unmarried parents.
The father may need to establish paternity to ask for shared custody if he has not already done so. Parents can work cooperatively to voluntarily acknowledge the father’s paternity. Otherwise, either parent can request genetic testing to establish legal parentage.
A father who has established paternity can add his name to the birth certificate of his child. He can then go to court to ask for shared legal and physical custody. He has no ability to ask for a custody order until the state acknowledges him as the father.
Unmarried parents concerned about child custody issues and their parental rights may need help evaluating their family circumstances. Understanding the law is the first step toward asserting parental rights and preserving parent-child relationships.