Unmarried fathers can often feel like their rights are subordinate to those of mothers. This is not true. Texas laws grant unmarried fathers specific legal rights when it comes to their children. Whether you or the child's mother are married, fathers have the same rights and responsibilities in raising a child as do mothers.
Paternity Rights
One of the most important rights an unmarried father in Texas has is the right to establish paternity over your child. Under Texas law, a mother has custody over a child from birth. According to Texas Family Code 160.201, if the mother is unmarried, there is no legal father until paternity is acknowledged by both the mother and father, or until a court enters an order of paternity.
If you aren't able to establish paternity through an acknowledgment, you can petition the court for genetic testing to prove paternity. Texas Family Code 160.502 allows any party to a paternity action to ask the court to order genetic testing. The court will then order you, the mother, the child and any other designated parties to submit to genetic testing to determine who the child's father is.
Custody Rights
After establishing paternity, unmarried fathers have custody rights over their children. Custody is differentiated into two kinds: legal and physical. Physical custody is the right to have the child live with you, whearas legal custody is the right to make child-rearing decisions like what schools the child attends, what religious education the child receives, and what kind of medical care is appropriate. When determining custody arrangements, Texas courts evaluate the needs of the child and make a determination based on what is in the child's best interests. Both the mother and the father have equal rights in this process. Texas Family Code 153.003 states that the court must consider such issues without regard to sex or marital status.
Support Rights
Texas law also allows for child support orders. Though child support is commonly seen as going from a father to a mother, there is no requirement for support based on the sex of the parties. Texas Family Code 154.001 specifically states that the court can order either parent to pay child support to the other. These support payments are based on the ability of each parent to pay, the needs of the child, and the amount of time the child spends with each parent.
Further, if you are paying child support, you have the right to stop paying under certain conditions. Texas Family Code 154.006 states child support payments terminate when the child turns 18, gets married, dies, or enlists in the armed forces.
