Montgomery County Unmarried Child Custody Lawyer

When parents are not married, determining child custody, visitation, and support can be more complicated than in traditional divorce cases. Texas law protects both parents’ rights but requires specific legal steps to establish custody, paternity, and parental responsibilities. At Lindamood & Robinson, P.C., we help parents in all situations—mothers, fathers, and guardians—protect their relationships with their children while ensuring fair and lawful custody arrangements. As a knowledgeable Montgomery County unmarried child custody lawyer, our firm provides the compassionate guidance and skilled advocacy needed to resolve disputes and create stability for your family.

Understanding Unmarried Child Custody in Texas

When parents are unmarried, both the mother and father have important rights and responsibilities under Texas law. However, those rights are not automatically equal until paternity is legally established. The mother is presumed to have sole custody (called managing conservatorship) until a court order confirms the father’s legal parentage and sets custody terms.

Once paternity is established, both parents can seek custody, visitation, and child support orders. Lindamood & Robinson, P.C. represents both mothers and fathers in these cases, ensuring each parent’s rights are recognized and that the child’s best interests remain the focus.

Establishing Paternity

Before custody or visitation rights can be determined for an unmarried father, paternity must be legally established. There are two main methods:

• Acknowledgment of Paternity (AOP): A voluntary form signed by both parents, usually at the hospital or later through the Texas Vital Statistics Unit.
• Court-Ordered Paternity: If there is a dispute, the court can order DNA testing to confirm biological parentage.

Once paternity is established, the father gains legal rights to custody, visitation, and participation in major decisions affecting the child. Our attorneys assist with filing paternity actions, arranging testing, and ensuring court recognition of parental rights.

Custody Rights for Unmarried Parents

In Texas, custody is referred to as conservatorship, and the law distinguishes between two main types:

• Managing Conservatorship: The right to make major decisions about the child’s upbringing, such as education, health care, and religious involvement.
• Possessory Conservatorship: The right to visitation and physical access to the child.

Courts can assign these rights jointly or solely, depending on the child’s best interests. Lindamood & Robinson, P.C. helps clients craft parenting plans that balance involvement, stability, and safety while respecting both parents’ roles.

Factors Courts Consider in Custody Decisions

Texas courts always base custody decisions on the best interests of the child, considering factors such as:

• The emotional and physical needs of the child.
• The ability of each parent to provide a stable home.
• The child’s relationship with each parent.
• Each parent’s willingness to foster cooperation and communication.
• Any history of domestic violence or substance abuse.
• The child’s preferences, if old enough to express them.

We present detailed evidence and testimony showing why your proposed arrangement serves your child’s long-term well-being and emotional development.

Parenting Plans for Unmarried Parents

A comprehensive parenting plan sets clear expectations and prevents future conflicts between unmarried parents. Our attorneys help draft detailed plans that address:

• Custody schedules and primary residence.
• Visitation times, holidays, and travel arrangements.
• Education, healthcare, and extracurricular decisions.
• Communication guidelines between parents.
• Child support and shared expenses.

By formalizing these details, you can maintain structure and consistency for your child while reducing potential disagreements later on.

Child Support for Unmarried Parents

Both parents have a legal obligation to support their child financially, regardless of marital status. Once paternity is confirmed, the court will typically order one parent (usually the non-custodial parent) to pay child support based on Texas guidelines.

Our firm helps parents with:

• Calculating child support obligations accurately.
• Enforcing or modifying existing support orders.
• Ensuring medical and educational expenses are fairly shared.
• Protecting against underreporting of income or non-payment.

We make sure your child receives the financial support they deserve and that payments are fair and sustainable for both parties.

Disputes Between Unmarried Parents

Conflicts between unmarried parents often arise over custody schedules, relocation, or financial responsibilities. Our attorneys provide skilled negotiation and litigation support for issues such as:

• Custody and visitation disagreements.
• Relocation or move-away requests.
• Modification of existing orders.
• Parental alienation or interference with visitation.
• Enforcement of child support or custody terms.

We focus on achieving fair resolutions that protect your parental rights and preserve your child’s stability.

Modifying Custody Orders

Life circumstances can change after a custody order is issued. If one parent relocates, remarries, or experiences a change in income or health, either parent can request a modification.

Lindamood & Robinson, P.C. helps clients file modification petitions supported by strong evidence to ensure that new custody arrangements continue to reflect the child’s best interests.

Why Choose Lindamood & Robinson for Unmarried Custody Cases

Lindamood & Robinson, P.C. has decades of experience representing parents in custody, support, and paternity matters across Montgomery County. We understand the emotional challenges of parenting outside of marriage and the importance of maintaining healthy relationships for your child.

Clients choose our firm because we offer:

• Extensive experience in Texas custody and paternity law.
• Proven success establishing parental rights for unmarried parents.
• Personalized legal strategies focused on long-term stability.
• Compassionate guidance through emotionally sensitive issues.
• Strong advocacy in both negotiation and courtroom settings.

We are committed to helping parents protect their rights while keeping the child’s best interests at the heart of every decision.

FAQs

Do unmarried fathers have custody rights in Texas?

Not automatically. Fathers must establish legal paternity before gaining custody, visitation, or decision-making rights.

Can an unmarried mother deny visitation?

Until paternity is established or a court order is issued, the mother has sole custody. Afterward, both parents must follow the court-approved visitation schedule.

How is child support determined for unmarried parents?

Child support follows the same Texas guidelines as for married parents, based on income and number of children.

What if my child’s other parent refuses to sign the Acknowledgment of Paternity?

You can file a paternity case in court and request DNA testing to establish legal parentage.

Can unmarried parents share joint custody?

Yes. Once paternity is confirmed, courts can grant joint managing conservatorship to both parents if it benefits the child.

What happens if one parent wants to move away?

Relocation may require a court order or modification of the existing custody agreement to protect visitation rights.

Can a parent modify custody or support orders later?

Yes. Either parent can request a modification if there has been a material and substantial change in circumstances.

How old must a child be to express a custody preference?

Children 12 or older may share their preference with the judge, although it does not guarantee the outcome.

What if the parents disagree on schooling or medical care?

The court will decide which parent has the right to make those decisions if the parties cannot agree.

Do I need an attorney for an unmarried custody case?

Yes. Legal representation ensures your parental rights are fully recognized and your child’s welfare is protected under Texas law.

Serving Montgomery County

• Conroe
• The Woodlands
• Magnolia
• Montgomery
• Willis
• Oak Ridge North
• Shenandoah
• Panorama Village
• Cut and Shoot
• Splendora
• Porter
• New Caney
• Pinehurst
• Woodbranch
• Roman Forest

Contact The Skilled Montgomery County Unmarried Child Custody Lawyers at Lindamood & Robinson, P.C.

If you are an unmarried parent seeking custody, support, or visitation rights, Lindamood & Robinson, P.C. can help. Our experienced attorneys provide compassionate representation and strong advocacy to protect your parental rights and your child’s future.

Schedule a confidential consultation today with an experienced Montgomery County unmarried child custody lawyer who will guide you through every step of the process and help you secure the fair outcome your family deserves.