We are Separating but were Never Married: How Does Child Custody Work?
Are you an unmarried parent? You are certainly not alone. The Centers for Disease Control and Prevention (CDC) reports that nearly 43 percent of children born in Texas in 2025 have unmarried parents. If you are separating from your co-parent, it is imperative that you are prepared to navigate the child custody process. Here, our Houston child custody attorney for unmarried parents provides a guide to how child custody works in these cases in Texas.
Know Your Terms: Conservatorship
As background, it is useful to know that Texas technically does not use the term “custody” as official legal terminology. Instead, the Texas Family Code refers to parental rights and duties as “conservatorship.” The concept is largely the same. There are two main forms:
- Joint managing conservatorship; and
- Sole managing conservatorship.
In most cases, Texas courts presume that joint managing conservatorship is in the child’s best interests. That means that both parents share major decision-making responsibilities such as education, medical care, and moral upbringing. That parents were not married is not a factor.
Paternity Must Be Proactively Established
For unmarried parents, paternity is not automatically presumed. Before the court can issue a custody or child support order, legal fatherhood must be established. In Texas, paternity can be established voluntarily through an Acknowledgment of Paternity (AOP) signed by both parents and filed with the Bureau of Vital Statistics. If there is disagreement or uncertainty, paternity can be established through a court proceeding. Genetic testing will often be used to resolve the dispute.
Key Point: If legal paternity has not been established, then a man cannot claim custody right in Texas. Paternity is the basis of legal fatherhood. It is required for legal rights and legal responsibilities, including child custody and child support.
The Best Interests of the Child is the Foundation of a Custody Case
Under Texas Family Code § 153.002, the best interests of the child control every custody decision. That is the primary factor: What is best for the child’s health, safety, well-being, and development. Courts evaluate multiple factors, including the child’s emotional and physical needs, the stability of each parent’s home environment, the ability of each parent to provide care, and the level of cooperation between parents. The child’s wishes may also be considered if they are twelve or older.
Marriage is not a factor when applying the best interests of child criteria in Texas. The law does not favor either parent based on gender or marital status. What matters is each parent’s capacity to act in the child’s best interests. It is important to emphasize that unmarried parents (both mothers and fathers) have the same rights and obligations as married ones once paternity is confirmed.
Call Our Houston, TX Child Custody Lawyer for Unmarried Parents Today
At Lindamood & Robinson, P.C., our Houston child custody lawyer for unmarried parents is a compassionate, experienced advocate for clients. Do you have any questions about child custody rights? Please contact us today for your strictly confidential, no obligation case review. With an office in Houston, we represent unmarried parents in custody cases throughout the area.
