What Happens With Child Custody and Support When You Were Never Married in Texas?

 Posted on March 20, 2026 in Child Custody

If you and your child’s other parent were never married, you may wonder whether the same rules about custody and child support apply to you. The short answer is yes. Texas law treats these issues the same for all parents, married or not. What is different is how you get legal protections in place.

In 2026, this matters more than ever, since according to the Centers for Disease Control and Prevention, about 40 percent of births in the United States are to unmarried mothers. Unmarried parents in San Antonio and throughout Bexar County still need formal court orders. A San Antonio, TX family law attorney can help you take the right steps from the start.

Do Texas Custody Laws Apply if You Were Never Married?

Texas Family Code Chapter 153 covers conservatorship, which is just the legal word Texas uses for custody. It applies to all parents, no matter their marital status. In every custody case, courts ask one question: what is best for the child? That does not change based on whether the parents were ever married.

The process of getting custody, though, is different. Unmarried parents do not go through a divorce. Instead, a parent files what is called a Suit Affecting the Parent-Child Relationship, or SAPCR. Through this process, a court can set up custody, create a visitation schedule, and order child support.

How Does Paternity Affect Custody for Unmarried Fathers?

Before a court can give an unmarried father any rights to his child, paternity must be legally established. In Texas, a mother is automatically a legal parent at birth. An unmarried father is not, even if his name appears on the birth certificate.

There are two main ways to establish paternity. The first is signing an Acknowledgment of Paternity, or AOP. This is a form that both parents sign, usually at the hospital. The Texas Attorney General’s Office says that signing an AOP carries the same legal weight as a court order. The second option is a court-ordered DNA test, which a judge may require when paternity is disputed.

Without legal paternity, an unmarried father has no rights to custody or visitation, and no obligation to pay child support.

How Is Conservatorship Set Up for Unmarried Parents?

Once paternity is established, the court can set up conservatorship. There are two kinds. Joint managing conservatorship means both parents share the right to make big decisions for the child, like those about school, healthcare, and religion. Sole managing conservatorship gives one parent that power alone. Courts usually only go this route when there has been abuse, family violence, or another serious concern.

Keep in mind that joint conservatorship does not mean equal time with the child. The court sets a possession schedule based on what is best for the child. Many families use the standard schedule in Texas Family Code Chapter 153, which gives the non-primary parent alternating weekends, some weekdays, and extra time in the summer.

How Is Child Support Calculated for Unmarried Parents?

The rules are the same as for divorced parents. Texas Family Code Chapter 154 bases child support on the paying parent’s net monthly income and the number of children who need support. For one child, the amount is 20 percent of net income. For two children, it goes up to 25 percent.

Do not rely on a handshake deal or informal payments. Only a written court order gives you a legal way to enforce payments if the other parent stops paying.

Can You Change a Custody or Support Order Later?

Texas courts can change conservatorship and child support orders if something important has changed since the original order. Common reasons include a big change in income, a parent moving away, or new needs the child has. The parent asking for the change must go back to court and show why the new arrangement is best for the child.

Speak With a Bexar County, TX Family Law Attorney Today

Sorting out custody and child support as an unmarried parent can feel like a lot to take on, but you do not have to do it alone. The San Antonio family law lawyer at Brandon Wong & Associates practices family law exclusively and has the focused experience to help you get the protections your child needs. Call 210-201-3832 today.