Texas law establishes certain rights for biological fathers, according to The National Fathers' Resource Center. These rights involve the establishment of paternity in the first place. Additionally, biological fathers' rights in Texas extend to contact with their children and the fathers' ability to develop relationships with their children.
Paternity Order
A biological father not married to a birth mother lacks any rights to a child absent a court order of paternity in the state of Texas, according to the National Fathers' Resource Center. Even if the father's name is listed on the birth certificate, absent marriage to the mother or a specific paternity order issued by a Texas court, the father possesses no rights. In a similar vein, absent a paternity order in these types of circumstances, a biological father does not have any legal responsibility to support or otherwise care for the child.
Acknowledgment of Paternity
A father's rights in Texas include being able to execute an acknowledgment of paternity at the hospital at the time his child is born, according to the National Fathers' Resource Center. An acknowledgment of paternity is a legal document a birth mother and presumed biological father sign following the birth of a child if there is no dispute between them regarding paternity. The father's name is added to the birth certificate as if he were married to the birth mother.
Paternity
A putative--presumed--biological father possesses the right to file a paternity action, according to the Texas Attorney General. A paternity action is filed in the county where the child resides. If the mother agrees that the man claiming to be the father is in fact the biological father of the child, she can enter into an agreed order with him, a step that resolves the case quickly. If the birth mother disputes paternity, the judge orders DNA testing to determine the truth of the alleged biological father's claim.
Custody
According to Texas law, a biological father is vested with the right to seek custody of a child. The same standard applies to a biological father's pursuit of custody as attach to the birth mother. The standard used by Texas courts to determine custody is what is in the best interests of the child. The "best interest" standard involves an examination of factors that include the overall physical and mental health of the parents and the child, the residential status of both parents as well as which parent historically provided primary care of the child.
Visitation or Parenting Time
Texas statutes grant to a biological father the right to visitation or parenting time if he is not the custodial parent. The purpose of visitation or parenting time is to provide the birth father the opportunity to develop and maintain a meaningful relationship with his child.
