Child custody and paternity cases in Texas are complex, emotionally charged, and often challenging for all parties involved. As a parent, navigating these legal waters requires understanding your rights, the court’s expectations, and the legal processes that will guide decisions about your child’s future. Whether you are seeking custody or challenging paternity, knowing how the law works can significantly impact your case.
I’m Christopher Migliaccio, attorney and co-founder of Warren & Migliaccio, L.L.P. Our law firm has a long track record of helping individuals deal with the legal complexities of family law, including child custody and paternity matters. In this blog, I’ll walk you through the essentials of Texas child custody and paternity law, offering practical advice and insights that can help you understand your situation better.
Understanding Texas Child Custody Laws
Child custody in Texas is typically divided into two broad categories: conservatorship and possession and access.
Conservatorship
Conservatorship refers to the legal rights and responsibilities that a parent has for their child. It doesn’t necessarily mean where the child lives, but rather who has the authority to make important decisions for the child’s life. In Texas, conservatorship is further divided into joint conservatorship and sole conservatorship.
- Joint Conservatorship: This is the preferred arrangement in Texas. It means both parents share the responsibility for making major decisions about their child’s welfare, such as education, medical care, and religious upbringing. Joint conservatorship does not mean the child spends equal time with both parents. Instead, it focuses on decision-making rights.
- Sole Conservatorship: In certain cases, a court may award sole conservatorship to one parent. This typically happens when the court believes the other parent is unfit due to issues like neglect, abuse, or a history of violence. The sole conservator has the exclusive right to make decisions about the child’s care and welfare.
Possession and Access
Possession and access describe where the child will live and how time is divided between the parents. Texas law emphasizes the importance of the child’s best interest, and the court typically follows a standard possession order to provide clear guidelines. The standard possession order gives one parent the majority of time with the child, while the other parent is allotted visitation rights. The details of the possession and access schedule depend on the specifics of the case and the child’s best interest.
In general, courts want both parents to have an active role in the child’s life unless there is a reason why shared custody is not in the child’s best interest. The court also takes into account the child’s age, the parents’ living situation, and each parent’s ability to provide for the child.
Texas Paternity Law
3D illustration of a judge gavel and Paternity Claim title on legal booklet
In Texas, paternity refers to the legal determination of a child’s father. Establishing paternity is important because it gives the father legal rights to seek custody, visitation, and make decisions regarding the child’s welfare. There are two primary ways to establish paternity in Texas: voluntary acknowledgment and court-ordered paternity testing.
Voluntary Acknowledgment of Paternity
If both parents agree on the identity of the father, they can sign an Acknowledgment of Paternity form, which legally establishes paternity. This form is typically signed at the hospital or during the child’s birth registration process, but it can also be completed later at the Texas Vital Statistics Unit.
Signing the form is an easy and straightforward way to establish paternity without the need for court intervention. However, it’s important to note that if there are any doubts or disputes, either party can challenge the acknowledgment within 60 days.
Court-Ordered Paternity Testing
In cases where there is disagreement or uncertainty about the father’s identity, a paternity test can be ordered. This is generally a DNA test that compares the child’s DNA with the potential father’s. If the test confirms that the man is the biological father, he is then granted legal paternity rights, including the possibility to pursue custody or visitation.
It’s worth noting that even if a man is not the biological father, he may still have legal rights to the child if he has established a relationship with the child and has acted in a paternal role.
Custody and Paternity in Divorce vs. Unmarried Parents
There are some important differences between child custody cases that arise in divorce versus those involving unmarried parents. For example, if a couple is married when the child is born, the husband is typically presumed to be the legal father. In contrast, unmarried couples must establish paternity before seeking custody or visitation rights.
For divorced parents, Texas courts often operate under the assumption that both parents should be involved in the child’s life, unless there are compelling reasons to limit one parent’s access. Divorce cases often involve complex custody disputes, especially when one parent seeks sole custody, or when there are concerns about abuse, neglect, or other factors affecting the child’s well-being.
In the case of unmarried parents, the father must first establish paternity before he can seek legal rights to his child. If the mother is the primary conservator, the father may be granted visitation rights, but he will need to demonstrate that he has the ability to care for the child and provide a stable environment.
What the Court Considers in Custody Cases
Texas courts always base their custody decisions on the best interest of the child. To determine what’s in the best interest of a child, a judge will consider various factors, including:
- The child’s emotional and physical needs: The court looks at the child’s overall well-being, including their need for emotional stability, education, and physical care.
- The parents’ ability to provide for the child: This includes financial stability, emotional readiness, and a safe living environment.
- The child’s preference: If the child is old enough, their preference may be considered, although it’s not the deciding factor.
- The relationship between the child and each parent: The court evaluates the bond the child has with each parent and how each parent has participated in the child’s life.
- The parents’ behavior: The court considers whether either parent has a history of abuse, neglect, or criminal behavior.
Modifying Child Custody or Visitation Orders
In some situations, it may become necessary to modify existing custody or visitation arrangements. Texas law allows for modifications if there has been a significant change in circumstances, such as a move, a change in the child’s needs, or one parent’s inability to provide proper care.
To modify custody or visitation, the parent seeking the change must file a motion with the court and provide evidence supporting the requested change. Texas courts are generally reluctant to make changes unless there is a clear and compelling reason, and any modification must be in the best interest of the child.
How Our Firm Can Help
At Warren & Migliaccio, L.L.P., we have years of experience helping clients navigate complex child custody and paternity cases. Whether you’re seeking to establish paternity, modify custody, or address any other family law issue, our team is here to guide you through the legal process. We believe in providing honest, compassionate legal support, and we are committed to helping you protect your parental rights.
A Quick Reference Chart
| Legal Matter | What You Need to Know |
| Child Custody (Conservatorship) | Divided into joint and sole conservatorship. Joint is preferred, allowing both parents decision-making rights. |
| Possession and Access | Describes where the child will live and visitation rights. Courts follow standard possession orders. |
| Paternity (Voluntary) | Acknowledgment of paternity can be signed at birth or later at Vital Statistics. |
| Paternity (Court-Ordered) | DNA testing is used to confirm biological father. |
| Modification of Orders | Modifications are possible with a significant change in circumstances or a child’s needs. |
In conclusion, child custody and paternity matters in Texas are complex but manageable with the right legal guidance. If you’re involved in a child custody or paternity case, don’t hesitate to reach out to us at Warren & Migliaccio, L.L.P. Our team is here to help you understand your rights and guide you through the legal process, ensuring that the best interests of your child are protected.
For your free consultation, call 888-584-9614 today. We’re here to help.
