Unmarried cohabitation and decreasing marriage rates mean that more children are born outside of marriage. Roughly 42% of all births in Texas are to unmarried women, and about 35% of those children live in a single-parent home. Understanding the rights of unwed fathers is crucial in ensuring that both parents can play an active role in their child’s life.
Unwed mothers have full parental rights at the time of birth. However, the rights of unwed fathers do not exist until a man establishes himself as the biological father. Complicating matters is when a married woman gives birth to a child fathered by a man who is not her husband. Unwed fathers must establish paternity to have any rights to their child, including visitation. Without it, the unwed father does not have any rights to their child.
Establishment of Paternity
A man married to a woman who gives birth is presumed to be the father, even if the marriage ended within 300 days of the birth. The husband’s name will be on the birth certificate, establishing his paternity.
However, the rights of unwed fathers do not include paternity at birth, even if the mother adds his name to the child’s birth certificate. An unwed father in Texas can establish paternity by:
- Signing an Acknowledgement of Paternity (AOP) form, along with the mother, declaring and acknowledging paternity.
- Jointly file an Agreed Paternity Order with the court, establishing paternity along with parental rights and responsibilities including custody, visitation, child support, and medical support.
- A father can go to court alone to establish paternity if the mother is uncooperative. A DNA test will likely be ordered to prove the biological father.
As a rule, an unwed father must establish paternity within four years of the child’s birth.
Sometimes, an unwed father doesn’t know about the child until the mother files for child support. In that case, the court will also order a DNA test to establish paternity.
Custody Rights of Unwed Father
Texas courts no longer believe that the mother is the “better parent,” and both parents can now have equal access to their child. Once a man legally establishes himself as a child’s father, he can then asses his custody rights and get equal visitation time, make important decisions, have equal access to educational and medical records, and have an equal right to input or make decisions for the child.
Unwed fathers’ custody rights include the same rights as formerly married fathers. Courts prefer joint custody so children can have strong relationships with both parents. The courts base decisions on the child’s best interests. The rights of unwed fathers are no different from those of married fathers once they’ve been acquired.
What About Child Support?
Like a divorced couple, both parents are responsible for the financial support of the child. A judge can order child support if the mother has filed for it, and possibly if she hasn’t. The same rules will apply, and the court will use 20% of the parent’s net monthly income for the first child, with incremental increases for each subsequent child. Extra monies can be ordered if a child has additional medical needs or other expenses.
Help In Tarrant County With Establishing Paternity And Parental Rights
Establishing paternity is one of the most important things you can do for your child. Ensuring both parents are available and have a strong relationship with the child or children gives them a solid start in life.
For more than 20 years, family law and divorce attorney Wendy L. Hart has been an experienced family law attorney helping people throughout Tarrant County with paternity and other rights with their children. We work to ensure that your rights are protected. Schedule your appointment with our online contact form, or call us at (817) 842-2336. We’re ready to help.
