Many children in New Braunfels and across Comal County are born to parents who are not married. When those parents separate, or never lived together in the first place, the questions are the same as in a divorce: Who decides? Where does the child live? When does the other parent have time? But the path to a court order is different, and for fathers there is an important first step. This page explains how Texas handles custody for unmarried parents and how a family law attorney can help you get an order that protects your child and your rights.
Without an Order, There Is No Schedule
The most common misunderstanding we hear is that parents can rely on an informal arrangement. Until a judge signs an order:
- there is no enforceable schedule for either parent
- police generally will not intervene if one parent keeps the child
- the father may have no legal rights at all if paternity has not been established
- either parent can move with the child without violating any court order
That uncertainty is a common reason unmarried parents in New Braunfels come to us, often after the other parent stops allowing visits or announces a move.
Step One: Establishing Paternity
A mother is the legal parent of the child she gives birth to. For an unmarried father, legal parentage must be established before a court can give him custody or visitation rights. Texas provides two main ways:
Acknowledgment of Paternity (AOP)
Parents can sign an Acknowledgment of Paternity, often at the hospital after birth or later through approved entities. Once properly signed and filed with Texas Vital Statistics, an AOP generally has the same effect as a court order establishing paternity. It does not, however, create a custody schedule or child support order.
A signatory can rescind an AOP within a short period after signing. After that, it can only be challenged in court on limited grounds, within time limits. If either parent has doubts about biology, genetic testing before signing is wise.
Court-ordered paternity
If there is no AOP, either parent (and in some cases the state) can file a suit to adjudicate parentage. The court can order genetic testing, and if the results show the man is the father, the court establishes paternity. Our paternity page covers this process in more detail.
Step Two: A Suit Affecting the Parent-Child Relationship
Custody, visitation and support orders for unmarried parents come from a case called a suit affecting the parent-child relationship, or SAPCR. A SAPCR can:
- establish paternity (if not already done)
- name the parents joint or sole managing conservators
- set a possession schedule, often based on the Standard Possession Order
- order child support and medical and dental support
- include a geographic restriction, injunctions and other terms
Paternity and custody can be handled together in one case.
Where to file
A SAPCR is generally filed in the county where the child has lived for the last six months. For New Braunfels families, that may be Comal County or Guadalupe County, depending on which side of the county line the child’s home is on. The district clerk handles filings. Fees change, so check the current fee schedule with the district clerk.
The Attorney General’s Role
The Texas Office of the Attorney General Child Support Division often becomes involved when a parent applies for support services or receives certain public benefits. The OAG can establish paternity and child support. However, the OAG represents the State of Texas, not either parent, and its cases generally focus on support. Custody and possession terms in OAG cases may be basic. If you want a detailed custody arrangement, you may want your own lawyer. See attorney general child support cases.
How Courts Decide Custody Between Unmarried Parents
Once paternity is established, unmarried parents stand on equal footing. Texas law:
- presumes that joint managing conservatorship is in the child’s best interest
- bars consideration of a parent’s sex or marital status in custody decisions
- applies the same best-interest factors as in a divorce
That said, practical history matters. If one parent has been the child’s main caregiver since birth, the court will consider that. A father who has been absent may get a schedule that builds up over time, especially for a young child. See children under three.
Common Situations for Unmarried Parents in Comal County
The father has been denied access
If the mother has stopped allowing visits, the father’s first step is usually filing a SAPCR (with a paternity request if needed). Temporary orders can set a schedule while the case is pending.
The mother needs support and stability
A mother raising the child alone may want a court order to establish support, clarify decision-making and protect the child from abrupt changes. An order also prevents the father from keeping the child without legal consequences.
The parents get along and want it in writing
Cooperative parents can often reach an agreed order, which saves time and money. Writing it down now protects everyone if the relationship changes.
The couple was “common-law married”
If you lived together and held yourselves out as married, you may have an informal marriage, which would require a divorce rather than a SAPCR. See common-law marriage.
Practical Tips for Unmarried Parents
- Do not rely on the birth certificate alone. Confirm whether an Acknowledgment of Paternity was signed and filed.
- Keep records of the time each parent has spent with the child and any support paid informally.
- Be careful with informal cash payments. Without an order, they may not be credited as child support later.
- Communicate in writing, ideally through a co-parenting app, once things become tense.
Talk With a New Braunfels Family Law Attorney
Unmarried parents deserve the same clear, enforceable orders as divorcing parents. Our family law team helps mothers and fathers in New Braunfels and Comal County establish paternity, custody and support. Call (830) 302-4071 for a free consultation by phone, video or in person. Hablamos español.
Frequently Asked Questions
Who has custody of a child born to unmarried parents in Texas?
Until a court order exists, the mother generally has the legal rights of a parent and the father has none that a court can enforce unless paternity has been legally established. Even then, without a custody order, there is no schedule either parent can enforce.
Is signing the birth certificate enough to be a legal father?
Not by itself. The usual route is a signed Acknowledgment of Paternity, which is filed with Texas Vital Statistics and generally has the effect of a court finding of paternity. A father listed on a birth certificate without a valid acknowledgment or court order may not have established legal parentage.
Can an Acknowledgment of Paternity be undone?
There is a short window to rescind it after signing, and after that it can generally only be challenged in court on grounds such as fraud, duress or material mistake of fact, within time limits. Get advice before signing if you have any doubt about paternity.
Do unmarried parents follow the same custody rules as divorcing parents?
Yes. Once paternity is established, the same best-interest standard, conservatorship rules and Standard Possession Order apply. Marital status does not give either parent an advantage.
Last reviewed November 13, 2026. General information only, not legal advice.