Attorney
In Texas, the legal rights and responsibilities of unmarried parents can differ from those of married couples. Whether you’re a biological mother, father, or co-parent, understanding your rights and obligations under Texas law is essential for protecting your family’s best interests. Here’s what you should know about the legal rights of unmarried parents in Texas and how to navigate parenthood effectively.
Establishing Parentage
Establishing parentage, also known as paternity, is the first step for unmarried parents to assert their legal rights and responsibilities. In Texas, parentage can be established in several ways:
Voluntary Acknowledgment of Paternity: Both parents can sign an Acknowledgment of Paternity (AOP) form, affirming the biological father’s paternity. This form is typically signed at the hospital after the child’s birth but can also be completed later through the Texas Vital Statistics Unit or the Office of the Attorney General.
Court Order: If there is a dispute over paternity, either parent can petition the court to establish parentage through genetic testing. Once paternity is confirmed, the court will issue an order establishing legal parentage and outlining custody, visitation, and child support arrangements.
Custody and Visitation Rights
Unmarried parents in Texas have the same legal rights to custody and visitation as married parents. However, without a court order or formal agreement in place, these rights may not be enforceable. It’s essential for unmarried parents to establish a parenting plan or custody arrangement that outlines each parent’s rights and responsibilities regarding the child’s care, custody, and visitation.
Child Support Obligations
Both parents, regardless of marital status, have a legal obligation to support their child financially. In Texas, child support is calculated based on the non-custodial parent’s income and the number of children requiring support. Unmarried parents can seek child support through the Texas Child Support Division or by filing a petition with the family court.
Rights and Obligations of Unmarried Fathers
Unmarried fathers in Texas have the same legal rights and responsibilities as mothers regarding custody, visitation, and child support. However, establishing paternity is crucial for unmarried fathers to assert their parental rights and protect their relationship with their child. Once paternity is established, unmarried fathers can seek custody or visitation rights through the family court system.
Legal Protections for Children
Under Texas law, children born to unmarried parents are entitled to the same legal protections and rights as children born to married parents. This includes the right to financial support, medical care, education, and inheritance from both parents.
Navigating parenthood as an unmarried parent in Texas comes with its own set of legal considerations and challenges. By understanding your rights and obligations under Texas law, you can protect your family’s best interests and ensure that your child receives the care and support they deserve.
Contact Our Experienced Midland & Odessa Texas Family Law Attorneys
If you have questions about establishing parentage, custody, visitation, or child support, don’t hesitate to seek guidance from a knowledgeable family law attorney who can provide personalized advice and representation tailored to your unique circumstances. Your attorney can help you navigate the legal process, assert your rights, and advocate for the best interests of you and your child. Reach out to the trusted team at Navarrete & Schwartz. We are proud to serve the residents of Midland, Texas. Contact us today.