Rights of Unmarried Fathers in Texas

The birth of a child is a life-changing event. For an unmarried father in Texas, that change comes with a unique and often confusing set of legal challenges. While a mother’s parental rights are generally established automatically at birth, the same is not true for fathers. Without taking specific legal steps, an unmarried father in Texas has no legal rights to his child—no right to custody, no right to visitation, and no legal say in important decisions about the child’s upbringing.

This reality comes as a devastating shock to many devoted fathers who have been actively involved in their child’s life. They may find themselves shut out, forced to prove their paternity and fight for the most basic rights to see their own son or daughter.

At Barton & Associates, Attorneys at Law, with offices in San Antonio, Austin, and Corpus Christi, we understand the profound bond between a father and his child. Led by Gary J. Barton, our experienced family law team is dedicated to protecting the rights of fathers throughout Texas. We know the law, we know the courts in Bexar County and beyond, and we know how to help unmarried fathers establish the legal recognition they deserve.

This guide provides a clear, comprehensive overview of the rights of unmarried fathers in Texas, the critical legal steps you must take, and how an experienced attorney can help you build and protect your relationship with your child. Your role as a father is vital. The law can recognize that, but only if you take action.

The Fundamental Disconnect: Biological vs. Legal Fatherhood

In the eyes of Texas law, there is a critical distinction between being a biological father and being a legal father. A biological father is simply the man whose DNA contributed to the child’s conception. A legal father, however, is the man who has established a legal relationship with the child, granting him all the rights and responsibilities of parenthood.

For a married couple, the husband is automatically presumed to be the legal father of any child born during the marriage. This presumption does not apply to unmarried fathers. For an unmarried man, fatherhood is not automatic. It is a legal status that must be actively pursued. Until that status is established, the mother of the child holds sole legal custody and the exclusive right to make all decisions regarding the child.

Step One: Establishing Paternity – The Gateway to Your Rights

The single most important step for an unmarried father is to formally establish paternity. Without a legal finding of paternity, you have no standing to ask a court for custody or visitation. In Texas, there are two primary ways to establish paternity.

1. The Acknowledgment of Paternity (AOP)

The Acknowledgment of Paternity is a voluntary, legal form signed by both the mother and the father. When properly executed and filed with the Texas Vital Statistics Unit, it has the force of a court order establishing paternity.

• How it Works: The AOP is often completed at the hospital shortly after the child’s birth. It can also be completed later. Both parents must sign the form voluntarily and have their signatures notarized or witnessed.
• The Critical 60-Day Revocation Period: It is vital to understand that for the first 60 days after signing an AOP, either parent can sign a form to rescind (cancel) the acknowledgment. After that 60-day window, the AOP becomes final and can only be challenged in court under very limited circumstances, such as fraud, duress, or a material mistake of fact.
• The Power of an AOP: Once filed, an AOP establishes the father as the legal father. At that point, he has the same rights and responsibilities as a father who was married to the mother. This includes the right to seek custody or visitation and the obligation to pay child support.

2. Filing a Lawsuit to Adjudicate Paternity

If the mother is unwilling to sign an AOP, or if there is a dispute about who the father is, the next step is to file a Suit to Adjudicate Parentage in family court. This is a formal legal proceeding where the court will determine paternity, typically through genetic testing (DNA).

• The Process: The court will order the mother, the child, and the alleged father to submit to DNA testing. If the results show a high probability (typically 99% or higher) that the man is the biological father, the court will enter an order declaring him the legal father.
• Why File a Suit: This legal action is essential when an AOP is not an option. It is the mechanism that forces the issue of paternity and opens the door to all other parental rights.

Rights Gained Through Establishing Paternity

Once paternity is legally established—whether by AOP or court order—an unmarried father gains the full spectrum of parental rights under Texas law. These include the right to:

• Seek Conservatorship (Custody): You can ask the court to be named a “joint managing conservator” or a “sole managing conservator.” Joint conservatorship means both parents share the rights and duties of raising the child, though one parent may still have the exclusive right to determine the child’s primary residence.
• Request a Possession Order (Visitation): You are entitled to ask the court for a standard possession order, which outlines a specific schedule for when the child will be with you. In Texas, the standard possession order is often similar to the one used for divorced parents, including weekends, holidays, and summer vacations.
• Participate in Decision-Making: As a legal parent, you have a right to be involved in major decisions about your child’s education, healthcare, and religious upbringing.
• Seek Child Support (or be Required to Pay It): With the rights of fatherhood come the responsibilities. A legal father can be ordered to pay child support to help cover the costs of raising the child. Conversely, if you are the primary caretaker, you have the right to seek child support from the mother.

The Challenge: When Paternity is Not Established

The consequences of not establishing paternity are severe. An unmarried father who has not signed an AOP or obtained a court order:

• Has No Custody or Visitation Rights: He cannot legally demand to see his child, and the mother is under no legal obligation to facilitate a relationship.
• Cannot Object to Adoption: Perhaps most frighteningly, an unmarried father who has not established paternity has no right to notice if the mother decides to place the child for adoption. The child could be adopted by another man, and the biological father would have no legal standing to stop it. This is a harsh reality that underscores the absolute necessity of taking prompt legal action.

Protecting Your Rights: The Importance of Being Proactive

For unmarried fathers in Texas, passivity is the enemy. The law will not automatically grant you rights simply because you are the biological father. You must be proactive. Here are critical steps you can take, ideally with the guidance of an experienced family law attorney.

• Sign an AOP Immediately: If you and the mother are in agreement, this is the quickest and simplest way to establish your legal status.
• Document Your Involvement: If you are involved in your child’s life, keep records. Save photos, texts, and emails showing your relationship. Keep receipts for money you have spent on the child for food, clothing, diapers, and medical care. This evidence can be crucial in a custody case to show your active and ongoing role.
• Establish a Home for the Child: Texas courts consider the stability of each parent’s home when making custody decisions. Having a safe, suitable home for the child is a significant factor.
• Seek Legal Counsel Immediately: If you are facing resistance from the mother, or if you have any concerns about your ability to see your child, do not wait. Contact a family law attorney as soon as possible. The earlier you involve an attorney, the better they can protect your rights and build your case.

Navigating the Legal Process: Custody, Visitation, and Support

Once paternity is established, the legal journey is just beginning. You will likely need to navigate the complexities of a custody and visitation case. An experienced attorney can help you:

• File the Appropriate Pleadings: Your attorney will prepare and file a petition asking the court to establish conservatorship, a possession schedule, and child support.
• Negotiate with the Mother’s Attorney: Many family law cases are resolved through negotiation and agreement, which can be less stressful and costly than a trial. Your attorney can work to reach a fair parenting plan that works for everyone, with the child’s best interests as the top priority.
• Advocate for You in Court: If an agreement cannot be reached, your attorney will be your voice in the courtroom, presenting evidence and arguing on your behalf to the judge.

Why You Need Barton & Associates as Your Advocate

Family law matters, especially those involving the rights of unmarried fathers, are deeply personal and emotionally charged. You need a legal team that understands both the law and the human side of your situation. At Barton & Associates, Attorneys at Law, we provide compassionate, determined representation for fathers throughout Texas. We know that your relationship with your child is irreplaceable.

Gary J. Barton and his team will stand by your side, fighting to ensure you have the opportunity to be the father you want to be. We will:

• Listen to Your Story: We take the time to understand your unique situation, your goals, and your concerns.
• Explain Your Rights Clearly: We will break down the complex legal concepts and give you a clear roadmap of what to expect.
• Aggressively Pursue Your Case: Whether through skillful negotiation or tenacious litigation, we will work tirelessly to secure a result that protects your bond with your child.
• Provide Guidance for the Future: We can help you understand your ongoing rights and responsibilities, ensuring you can continue to be a strong, positive presence in your child’s life for years to come.

Take the First Step Toward Securing Your Rights

If you are an unmarried father in San Antonio, Austin, Corpus Christi, or anywhere in Texas, do not leave your relationship with your child to chance. The law provides a path for you to be recognized as a legal father, but you must take the first step.

You are not alone in this fight. Contact Barton & Associates, Attorneys at Law today for a free, confidential consultation. Let us review your situation and explain how we can help you establish and protect your rights as a father. Call us at 210-500-0000 or fill out our online form to schedule your appointment. Your child needs you, and we are here to help you be there for them.