Under the custody laws for unmarried parents in Texas, a single mother will typically have full physical and legal custody over her child. If they were unmarried at the time their child was born, they will be considered the custodial parent and will be given all of the legal rights associated with that designation.
This is especially true in cases where the father is not listed on the birth certificate, and they did not try to claim any rights over the child when it was born. If the father’s paternity was never established, the mother has the sole claim to the child.
Custody issues will usually only arise when the biological father petitions the court for rights to the child, whether that is sole or joint custody. These issues can come up whether or not the mother was married to the biological father.
All decisions that courts make involving children are based on the child’s best interests standard. This means that if a single mother believes the child’s biological father is not fit to care for the child and it would not be in the child’s best interests, they can request that the family court give them sole physical and legal custody rights.
For more information on single mother custody rights in Texas, it is important to schedule a legal consultation with a local Texas lawyer.
Are There Different Types of Child Custody?
A court will do its best to create a custody arrangement that is in the child’s best interests. There are several different types of custody arrangements that can be ordered or agreed to in a legal separation or divorce, including:
- Legal custody: Legal custody is an arrangement that provides one parent with the right to make decisions about their child’s upbringing, including their health care, school, and religion.
- This is the most common form of custody where joint legal custody is awarded.
- Physical custody: This form of custody means the parent has the right to have their child physically live in their home. It also includes providing for the daily care of the child, which includes providing meals, clothing, and daily transportation.
- Some states allow joint physical custody, which is when the child lives with both parents for equal amounts of time.
- Sole custody: Sole custody means that one parent is awarded sole legal custody and rights over the child while the other parent is typically awarded visitation rights.
- This is not a common custody arrangement when two parents are involved. When it is necessary, courts often grant the other parent generous visitation rights.
- This arrangement is more commonly used for single parents. It may, however, result in a limited connection between the child and their other parent.
- Joint custody: With joint custody, the child’s parents share decision making responsibilities. Parents often rearrange schedules to make this type of arrangement possible.
- If the parents cannot make their own arrangements, the court will impose a standard schedule the parents will have to follow.
- Joint custody may include joint legal custody, joint physical custody, or both.
Who Determines Child Custody?
Child custody is typically determined by the family court handling the case. The parents, however, can create their own custody agreement that provides them with the flexibility they desire.
Custody agreements are documents that outline the guidelines for custody for both parents. They are typically issued in legal separation and divorce cases involving children.
These agreements can have instructions about which of the parents have primary physical custody, who has legal custody, as well as visitation schedules. Parents can reach an agreement without a court hearing, but their agreement must still be approved by the court.
If the parents can reach an agreement themselves, it may help alleviate the stress associated with child custody decisions. A court will be less likely to intervene with a divorcing couple who can cooperate and reach an agreement on their own.
Parents can also avoid going to court by using family mediation. Family mediation is a type of alternative dispute resolution (ADR) where a neutral third party helps the parents come to an agreement.
Can a Father Take a Child Away From the Mother?
No, typically, a child’s biological father cannot simply take a child away. Doing so may be deemed parental kidnapping. A court will base child custody decisions in Texas on the child’s best interests standard, as noted above.
If a child’s father is clearly unfit, it is very unlikely that a court will transfer sole custody from the child’s mother to their father. Instead of being immediately removed, there will be a formal legal procedure, including hearings and a court order.
Children are only immediately removed from their mother’s custody if the child is in danger or the mother was deemed unfit. A court may award custody to the child’s father if the child’s mother passed away, is determined to be a danger to the child, or who wants to relinquish their parental rights.
This issue, however, can happen to both mothers and fathers. The court will consider the age of the child in addition to their physical, emotions, and medical needs.
The court will also take into account the parents’ lifestyles, employment, and financial and emotional capabilities.
Can I Move With My Child Without the Father’s Permission?
Prior to moving, whether it is out of the state or across town, a parent should report their changed circumstances to the court as well as petition to modify the child custody agreement. The parent will have to show that the move is in the child’s best interests, for example, because the parent got a better job to provide for their child.
In general, a parent is not allowed to move outside of the state without permission from the court. Interstate child custody issues can be complex because there can be severe consequences for not adhering to the applicable laws.
If a parent moves their child without permission from the court, they can face loss of custody, fines, and even jail time. If, however, the mother was never married to the biological father and no court order exists governing custody, the mother is free to move with their child.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother, it is essential for you to have help from a Texas child custody attorney for any custody issues or concerns you have. Issues involving your children can be some of the most stressful and emotional issues you will ever face.
Your child custody lawyer will help you understand Texas child custody laws, file all necessary documents with the proper court, and represent you at any court appearances. In addition, your custody attorney will help ensure your parental rights are protected.
If you have to attend any type of alternative dispute resolution, such as family mediation, your lawyer will also represent you during those meetings. Your attorney can also help you facilitate an agreement between you and the child’s other parent, draft that agreement, and submit it to the court for approval.
Having a lawyer draft your agreement will ensure that the best interests of the child are considered first while protecting your parental interests. You will have the best chance at the outcome you desire when you allow your lawyer to handle your custody issue.
