Child custody is a critical issue for parents who are separated, whether through divorce or because they were never married. Unmarried parents often have questions about their rights regarding child custody in Texas. In Texas, the law provides a framework for both parents to share custody of their child, but certain legal steps are necessary.
Establishing paternity is crucial
For unmarried parents to share custody in Texas, establishing paternity is the first step. If the parents were not married when the child was born, the father’s legal rights are not automatically assumed. Paternity can be established through an acknowledgment of paternity (AOP) form or through a court order, which may include DNA testing. Once paternity is confirmed, both parents have the right to seek custody and visitation.
Types of custody arrangements
Texas courts prioritize the best interests of the child when determining custody arrangements. Parents can work together to create a custody agreement, known as a parenting plan, which outlines:
- Where the child will live
- Visitation schedules
- Decision-making responsibilities
If the parents cannot agree, the court will make a decision based on factors such as the child’s emotional and physical needs, the parents’ ability to cooperate, and the child’s relationship with each parent.
Legal steps to secure shared custody
Unmarried parents must file a petition for custody in family court to officially establish custody rights. If both parents agree on custody terms, the court may approve the agreement. If they disagree, the court will evaluate the case and make a determination based on the child’s best interests. Shared custody, or joint managing conservatorship, allows both parents to have a say in the child’s upbringing, but the specifics of the arrangement will depend on the case.
In Texas, unmarried parents do have the right to share custody, but legal procedures must be followed to ensure both parents’ rights are recognized.
