Child Custody and Unmarried Parents |
Posted: February 12, 2022 |
Marriage isn’t for everyone. In traditional divorce cases, child custody is usually worked out by the parents, with courts intervening when necessary. When they do, they will base their decision on the child’s best interests. In cases where unmarried parents separate, the mother is automatically awarded custody of the child or children. If you and your significant other break up, it’s important to know how child custody works and why hiring an experienced child custody lawyer in Tyler, TX can protect your rights if challenges arise. How Child Custody Works in Texas for Unmarried Parents In Texas, legal and physical custody of the child is awarded to the mother by default. Even if the child’s father is on the birth certificate, the rules will still apply since they’re not legally married. This is usually because paternity is assumed among married couples in the eyes of the law. Unfortunately, this means that fathers may face additional challenges when it comes to child custody arrangements. A Father’s Rights in Texas (And How to Establish Paternity) If the parents are unmarried, the father’s rights over their child are usually limited, regardless of how involved they’ve been in the child’s life. In the event of a separation with their child’s co-parent, fathers will first need to establish paternity. This is done in one of two ways. First, they can obtain what’s known as an “Acknowledgement of Paternity.” This acknowledgment (often referred to as an AOP) is a legal document that must be signed by both parents in order to establish paternity. This document cannot be forced; both parties must voluntarily sign it. If this route isn’t taken, either due to personal preference or because of opposition, the father will then have to consent to a DNA test. Usually, this is performed by a medical professional who swabs the inside of the cheek from both the parents and the child. The results of this swab are usually available within 4-6 weeks. Once paternity has been established, the unmarried parents will have to submit a court order in order to establish a child custody arrangement. Filing this form is vital as, without it, the father will not have any legal rights over their child, including custody. Types of Child Custody Arrangements Available to Unmarried Parents in Texas Once paternity has been established and both parents have legal rights over their child, they have several different custody arrangements available to them. Most family courts in Texas prefer to leave it up to the family, as this is expected to provide a better outcome for families and lessens resentment between the parties. Texas law allows both legal parents to share legal custody of their child. Legal custody allows parents to make major life decisions on behalf of their child regarding their healthcare, mental health treatment, education, and religious upbringing. In other words, once paternity has been established, both parents can make these decisions legally, regardless of whether their child physically lives with them. Which brings us to another form of custody - physical child custody. This is when one child resides primarily with one parent. For example, the child could spend one week with their mother and the following week with their father. Or, they could operate on a rotating schedule, alternating houses every couple of days or every extended weekend. As mentioned earlier, most courts prefer this arrangement to be worked out amongst the parents, so there are many options available to fit each parent’s lifestyle and the child’s needs. However, if parents cannot agree on physical custody, the court will usually order that they undergo mediation. Mediation is when a neutral third party helps resolve conflict about parenting time and child custody. This will usually be recommended for couples that cannot work it out themselves unless there is a history of substance or drug abuse involved. Challenges to Child Custody Agreements In most child custody cases, one of the biggest challenges that arise is when one parent wants to move out of the state, either for personal or professional reasons. However, in cases involving unmarried parents, the biggest issue usually involves the refusal to prove paternity, so if you’re dealing with this, you need to hire an experienced family law attorney to help. Your family law attorney will be able to advocate on your behalf to the court so they can issue a court order for paternity. Ignoring this court order is against the law and could result in jail time, as well as hefty monetary fines. If you need to establish paternity for yourself or you need to prove it in order to obtain a child custody arrangement or child support, an experienced child custody lawyer in Tyler, TX can help.
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