What Rights Does an Unmarried Father Have in Texas? | Fuentez Law

Becoming a father is a life-changing experience — one filled with responsibility, emotion, and pride. But if you’re not married to your child’s mother, you might be wondering what rights you actually have under Texas law. The answer depends on one key legal step: establishing paternity.

At Fuentez Law, we believe every parent who wants to be part of their child’s life deserves to understand their rights and the process to secure them.

⚖️ Step 1: Establishing Paternity

In Texas, when a child is born to married parents, the husband is automatically considered the legal father.
If the parents are not married, that automatic recognition doesn’t apply — even if both parents know who the father is.

To gain legal rights as a father, paternity must be established through one of two ways:

Voluntary Acknowledgment of Paternity (AOP):
Both parents sign an AOP form and file it with the Texas Vital Statistics Unit.
This is often done at the hospital after birth or later at a certified office.
Court-Ordered Paternity:
If the mother or alleged father disputes paternity, the court can order DNA testing.
Once confirmed, the judge issues an order establishing the man as the legal father.

Without this step, an unmarried father has no enforceable rights — meaning no legal custody, visitation, or say in major decisions.

👨‍👧 Step 2: Understanding Parental Rights

Once paternity is established, an unmarried father’s rights are essentially the same as those of any other legal parent. These include:

Conservatorship (Custody): The right to make important decisions about the child’s education, healthcare, and welfare.
Possession and Access (Visitation): The right to spend time with your child according to a court-approved schedule.
Child Support: Fathers may be required to provide financial support, but they also gain the right to participate in parenting decisions.

In Texas, the courts prioritize the best interests of the child, not marital status. A father who demonstrates commitment, stability, and involvement has every opportunity to share custody or visitation.

🏠 Step 3: Protecting Your Relationship With Your Child

Many unmarried fathers make the mistake of assuming that being listed on the birth certificate is enough. It’s not.
Without a court order that formally recognizes paternity and defines rights, a father could lose access if the relationship with the mother changes.

To protect your bond with your child:

File a Suit Affecting the Parent-Child Relationship (SAPCR) to request official custody, visitation, and support orders.
Keep records of communication, financial support, and involvement in your child’s life.
Seek legal guidance early to avoid misunderstandings or future disputes.

💬 Why Legal Help Matters

Family law can be emotional and complicated — especially when relationships are strained. At Fuentez Law, we help fathers:

Establish legal paternity
Secure fair custody and visitation
Negotiate child support arrangements
Protect their rights in court

Our team is here to make sure you understand your options and take the right steps to be fully recognized as a parent under Texas law.

💡 Final Thoughts

Being an unmarried father doesn’t mean being powerless.
With the right legal guidance, you can protect your role in your child’s life and ensure your voice is heard when it matters most.

📞 Contact Fuentez Law today to schedule a consultation and learn more about your rights as an unmarried father in Texas.