Do Unwed Fathers Have Paternal Rights or Obligations?

 Posted on June 27, 2025 in Family Law

When a child is born to unmarried parents in Texas, the assumed father’s legal rights and responsibilities are not automatic. If unwed parents separate, issues can arise that require establishing or disputing legal paternity. Our knowledgeable Fredericksburg, TX family law attorney can help you understand your rights under Texas law and guide you through the process.

What Rights Does a Father Have If He Is Not Married to the Mother?

When a married couple has a baby, the husband is assumed to be the child’s father. For unwed couples, a biological father does not have legal rights to custody or visitation unless paternity is established. Without legal paternity, he cannot make decisions about the child's education, healthcare, or residence. The mother is considered the sole legal parent until the father’s rights are legally recognized.

Are Unwed Fathers Required to Pay Child Support?

Unmarried mothers often seek child support from their child’s father. If paternity is legally established, the father is obligated to provide financial support for his child. The court may also order retroactive child support from the date of the child’s birth or the date the parental relationship ended.

Why Should Paternity Be Legally Established?

Legal paternity protects both parents and children. It allows the father to have visitation rights and involvement in his child's life. It also ensures the child receives the financial support and benefits they are entitled to, including health insurance and medical care, Social Security benefits if the father becomes disabled or dies, and possible inheritance rights.

How Can Legal Paternity Be Established in Texas?

Unwed fathers can protect their rights by signing an Acknowledgment of Paternity (AOP). This is typically signed by both parents while they are in the hospital for the baby’s birth, but it can also be completed and submitted later. Fathers can also file a paternity action in court. If paternity is confirmed, the father can seek a court order for visitation (called "possession and access") or even joint conservatorship, which allows for shared decision-making.

If there is a dispute about paternity, the court may order DNA testing. If paternity is confirmed, a court can issue a final order that outlines child support, custody, and visitation rights and obligations.

What If I Am Asked to Pay Support for a Child I Do Not Believe Is Mine?

Men are sometimes asked to pay child support when they are unsure that they are the father. Paternity testing could reveal that you are not the child’s biological father. In that case, you would be under no legal obligation to pay child support, and you would not have any custody or visitation rights.

Why Do I Need a Lawyer for a Paternity Dispute?

Paternity cases can be emotional, complex, and legally challenging. Whether you are trying to gain parental rights or enforce child support, having a competent lawyer on your side ensures that your rights are protected from the start. We understand how Texas family courts handle matters related to paternity, conservatorship, and support.

We can file the correct legal documents, represent you in hearings, and work to negotiate fair terms for parenting time and financial support. If the other parent disputes your claim, we can present evidence and advocate for your interests in court. Without skilled legal guidance, you may lose important rights or face long delays in resolving the case.

Talk to Our Llano, TX Paternity Lawyer Today

Whether you are an unwed father seeking parenting time, a man questioning paternity, or a mother seeking child support, determining legal paternity is the first step. Our skilled Llano County, TX family law attorney at Law Office of Russ Alan Baker, PLLC can help you protect your rights and your child’s future. Contact us online or by calling 325-216-2006 today to schedule your initial consultation.