• Learn about child custody in Texas.Child image by Serenitie from Fotolia.com
  
  In Texas, all parents, whether married or unmarried, have the right to custody or visitation with their children. However, when the parents are not married, paternity of the child must be established in order for the father to exercise his rights to visitation or seek custody of the child.
  
  

Paternity

• Paternity can be established voluntarily if both parents sign an Acknowledgement of Paternity (AOP) form with the Bureau of Vital Statistics. Alternatively, if the mother is unsure who the father is, or the supposed father does not believe the child is his, paternity can also be established through a legal paternity action before the court, which typically requires a paternity DNA test. Once paternity is established, the father has a right to visitation or custody but must also pay child support.
  
  

Joint Managing Conservatorship

• Under Texas law, there is a presumption that parents should share joint custody, known as Joint Managing Conservatorship, of their children. Through Joint Managing Conservatorship, the parents will share, allocate or apportion parenting duties between each other, and the proportion does not have to be equal. More specifically, Joint Managing Conservatorship in Texas does not necessarily mean each parent has custody of the children for one-half of the time.
  
  Through a Joint Managing Conservatorship, the parents must establish before the court the child's primary residence, and list the specific rights and duties of each parent with respect to the child's support, care and education.
  
  

Exclusive Managing Conservatorship

• In special circumstances, such as when one parent has a history of abuse, the court will award one parent full custody--or Exclusive Managing Conservatorship. When one parent has Exclusive Managing Conservatorship the other parent, the non-custodial parent, will be awarded visitation.