Dwyer Law Firm, Attorney at Law

Can An Unmarried Father Ever Take The Child From The Mother?


A father can file for primary custody of a child. If the mother has significant issues such as drugs, alcohol, prison, etc., then the father may get primary custody. However, absent those types of circumstances, it is typical in Rockwall and Dallas County that mothers are appointed the primary conservator.

What Last Name Does The Baby Get If The Parents Are Not Married? Does The Father Have Any Say?

If the father’s name is not placed on the birth certificate, a court can order that the child’s legal name include the father’s surname.

Is It Easier To Get Custody If My Name Is On The Birth Certificate Versus If The Mother Did Not Add Me?

A father’s right to be a joint managing conservator for a child is not dependent upon their name being on the birth certificate. If the mother is going to fight the father on this issue, the father has to pursue his rights through the court. This could include joint managing conservatorship, visitation, and that the child have as part of the child’s name, the father’s surname.

The Mother And I Are Not Together And I Was Not Listed On The Birth Certificate. I Want To Establish A Relationship With My Child. What Do I Do?

You are going to have to file a petition to establish paternity and requesting that you be named the biological father of the child, that you are named a joint managing conservator of the child, and that you receive all the rights and duties of a parent with regard to the child including regular visitation.

If I Am Not Married To The Mother, Do I Have Any Say If Her Husband Wants To Adopt My Child?

A man who desires to be notified of a proceeding for the adoption of or termination of the parental rights regarding a child that he may have fathered may register with the Registry of Paternity, Vital Statistics of the State of Texas. Additionally, if the biological father has never been named biological father in a court proceeding nor is his name on the birth certificate, then he is going to have to obtain an order from the court establishing that he is the biological father. At that point, the mother of the child’s husband cannot adopt the child without his approval.

What Is A Putative Father And How Do I Register?

A putative father is not a legal term defined by Texas Family Code. However, it is a father who believes he is the biological father of a child. An Acknowledgment of Paternity form is typically available at a hospital and the parents may sign such a document that acknowledges the father as the biological father. If a man signs the AOP, it will be difficult to take the position that the child is not his.

Whether Or Not I Intend To Have A Relationship With My Child, If I Am Unmarried And I Am The Father, Should I Consult An Attorney Either Way?

Whether or not you intend ever having a relationship with a child born out of wedlock, you will want to consult an attorney, especially if you are not sure you are the father. Further, the greatest issue that you will face will be child support. Whether you have a relationship with the child or not plays no role in your obligation for child support. If the mother received any type of governmental aid in the birth of the child, the Attorney General’s office will seek a child support order. You will need the guidance of an attorney to assist you through this process.

For more information on Taking A Child From An Unmarried Mother, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (972) 746-2805 today.

Rex Dwyer, Esq

Get your questions answered. Call Now for Your Free 30 Minute Consultation (972) 746-2805.

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