The Steps for Establishing Your Status and Rights as a Father in Texas
If you are unmarried but believe that you are the father of a child, and you want to legally establish your rights to visitation and the other benefits of parenthood, there are specific steps you need to take. The first is to establish paternity. Of course, once you establish paternity, you will likely be responsible for child support, unless the child lives with you.
Getting Parental Rights in Texas
If you were not married to the child’s mother at the time of birth, you have two options for obtaining parental rights as the father of a child:
- You can voluntarily admit paternity by signing a legal document known as an Acknowledgement of Paternity (AOP). However, to become official, the document must also be signed by the biological mother.
- If the biological mother does not sign the AOP, you must file a lawsuit to determine parentage. As part of this process, a DNA test will be conducted on you, the mother, and the child. The mother may voluntarily submit to the DNA test; otherwise, you will need to petition the court to compel the mother to comply.
It’s important to understand that the paternity determination, in and of itself, conveys no parenting rights. If the paternity test establishes that you are the biological father, you must then petition the court for whatever rights you seek as a parent, including custody or visitation. Your parenting rights will commence once the court issues an order establishing them. Based on the results of the paternity test, you may be able to get the mother to agree to some level of custody or visitation without intervention by the court. However, if the mother refuses to cooperate, you will need to petition the court for custody or visitation rights.
Paternity and Legal Custody
In addition to the potential rights of physical custody and visitation, a paternity determination also entitles you to what is referred to as “legal custody” of the child. That means that you have a right of equal access to the child’s medical and academic records, and you have an equal say in decisions about the child’s well-being, including medical care, educational opportunities, religious training, and involvement in extracurricular activities.
Joint Custody in Texas
Texas courts commonly consider joint physical custody as the first option. They typically grant the mother primary physical custody only if there is evidence that doing so is in the best interest of the child.
Contact the Effective Divorce and Family Law Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have protected the rights of people across Texas for more than four decades, including clients involved in proceedings to establish parental rights. We have a comprehensive knowledge and understanding of divorce and family law in the Lone Star State, and we can help protect your rights with respect to your children. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
