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What rights does a father have if unmarried in Fort Worth?

USAttorneys

Fort Worth, TX – Almost a third of all US children are currently living in a family where the parents are not legally married. However, unmarried couples break up just as easily as married ones and they will have to figure out what happens to the children once they split up. What rights does a father have if they’re not legally married to the mother of their child? The answer is as simple as it is heartbreaking: None. This applies even if your name appears on the child’s birth certificate. Under Texas law, an unmarried mother has full custody rights and can do anything she wants, even leave the country with the minor. The good news is that you can have rights over the child once you’ve established legal paternity.

How to establish paternity of a child

In Texas, you have two options:

Sign an AOP

An Acknowledgement of Paternity (AOP) is a legal document that parents not married to each other can complete to voluntarily establish paternity for their child. This works if both parents agree on the paternity issue

Get a DNA test

This does not refer to a DIY genetic test. You’ll have to file a lawsuit known as a Suit to Adjudicate Parentage if the mother doesn’t consent to the test. The mother of the child and the child will also be subjected to swabbing.

Any of these two will allow you to establish paternity of the child and you can then file for custody.

What rights does an unmarried father have?

The question of whether or not you’re married becomes irrelevant once you’ve established paternity. You have the same rights as a father who is legally married to the mother of his child.
Your best option is to hire some seasoned Fort Worth child custody lawyers. Your lawyers will try to convince the mother that it’s best for all involved to sit down and negotiate a parenting plan.
If she refuses, you can always rely on a family court judge to award you considerable visitation rights.

At present, Texas courts are required to issue an Expanded Standard Possession Order if there are no particular reasons to limit the rights of the father. Under an ESPO, the child will spend up to 40% of their time with the father. This type of arrangement includes one overnight stay during the week and every other weekend from the moment the kid is dismissed from school until Monday morning.

Why would I lose custody of my child?

This is a question many fathers in Texas have. Once again, it doesn’t matter if you’re married or not. When a married woman wants to limit the father’s involvement in the child’s life, she finds experienced Fort Worth divorce lawyers who can help her paint the father as an unfit parent.
The same can happen to you. Your ex may accuse you of anything – domestic violence, sexual abuse, drug use, alcoholism, etc. If one party can prove in court that the other has such issues, the court will limit their rights.
This is why you must have legal representation in a custody dispute. Your lawyers can counter your former partner’s charges and, why not, come up with reasons why she isn’t exactly the mother-of-the-year type herself.
However, such disputes can affect the child’s mental health and cause a lot of stress, so negotiation and compromise are the best solution.

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