{"id":376557,"date":"2018-04-09T18:11:48","date_gmt":"2018-04-09T23:11:48","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/texas-law\/protection-for-unmarried-parents-in-texas.html"},"modified":"2018-04-09T18:11:48","modified_gmt":"2018-04-09T23:11:48","slug":"protection-for-unmarried-parents-in-texas","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/protection-for-unmarried-parents-in-texas.html","title":{"rendered":"Protection for Unmarried Parents in Texas"},"content":{"rendered":"\n
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Protection for Unmarried Parents in Texas<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Unmarried parents enjoy much of the same protection that divorced couples receive when it comes to custody<\/a> and visitation issues. The deciding factor is what’s in the best interests of the child<\/a> rather than whether the parents were ever married. However, a parent must first be acknowledged as the child’s parent before gaining certain rights.<\/p>\n

The Importance of Establishing Paternity<\/h2>\n

For couples with children that are divorcing, the husband is the presumptive father. This differs for an unmarried father where establishing paternity is a necessary step for determining legal rights<\/a> and responsibilities involving child support, visitation, and custody issues. After a father has established paternity, he can then proceed with getting custody and visitation<\/a> resolved.<\/p>\n

Custody issues are divided into two roles: (1) conservatorship (making legal decisions); and (2) possession and access (physical custody and the time that the parents spend with the child). Texas uses the term "conservatorship" instead of the more familiar term "custody." There are two types of conservatorships. One is a sole managing conservatorship in which one parent is appointed as having sole responsibility for decision-making. The second is a joint managing conservatorship which is when there’s shared responsibility.<\/p>\n

Protection for Unmarried Parents in Texas at a Glance<\/h2>\n

Although an attorney is the ideal resource for obtaining the specific meanings in statutes, it’s also useful to understand the law from a plain language point of view. The chart below provides a summary of the protection that unmarried parents receive in Texas.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Parental Roles<\/b><\/p>\n<\/td>\n

Conservatorship:<\/i> The ability to make legal decisions for the child including decisions regarding education, health care, and religious training.<\/p>\n

Possession and Access:<\/i> The physical custody of the child and the time spent with the parent.<\/p>\n

Rights During Possession:<\/p>\n

During the period that the parent has possession of the child, the parent appointed as a conservator of child has the following rights:<\/p>\n

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  • The right to consent for the child to medical and dental care not involving an invasive procedure; and<\/li>\n
  • The right to direct the moral and religious training of the child.<\/li>\n<\/ul>\n

    Duties During Possession:<\/p>\n

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    • The duty of providing care and control of the child;<\/li>\n
    • The duty of providing protection, and reasonable discipline of the child; and<\/li>\n
    • The duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Rights to Information<\/b><\/p>\n<\/td>\n

A conservator of a child always has the right to receive information from any other conservator of the child about the health, education, and welfare of the child.<\/p>\n

A conservator also has the right to know if the other conservator of the child resides with, marries, or intends to marry a person who the conservator knows is registered as a sex offender or is currently being charged with a sex registry offense.<\/p>\n<\/td>\n<\/tr>

Exclusive rights of the sole conservator<\/b><\/p>\n<\/td>\n