Legal custody refers to joint decision-making between parents, which is preferred by Texas courts. Physical custody determines which parent the child spends most of their time with. Texas law does not automatically recognize unmarried fathers as legal parents. To establish paternity and custody rights, an unmarried father will need a DNA test. If parents agree on custody, the court will enforce that agreement, but if they disagree the court will determine the best custody arrangement.

1. 9/25/2019 Kersh Law Firm - A look at the custody rights of fathers in Texas
https://sites.google.com/view/kersh-law-firm/blog/a-look-at-the-custody-rights-of-fathers-in-texas?authuser=0 1/2
A look at the
custody rights of
fathers in Texas
Image source: fathers4equalrights.org
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2. 9/25/2019 Kersh Law Firm - A look at the custody rights of fathers in Texas
https://sites.google.com/view/kersh-law-firm/blog/a-look-at-the-custody-rights-of-fathers-in-texas?authuser=0 2/2
Image source: mydomaine.com
For one to fully comprehend custody rights in Texas, they must first know the different types of custody:
legal, physical, and by-arrangement custody, says Houston-based family law counsel Kersh Law Firm.
Legal custody entails parents making the right choices for the children’s health, education, and religion.
Joint legal custody is preferred by Texas courts, which essentially means both parents are going to be
involved in the post-divorce life of their children, working together to ensure that the children’s best
interest are prioritized.
Physical custody refers to which parent a child will be spending majority of their time with. Note that Texas
law does not, by default, recognize the man as the child’s father if he was never married to the child’s
mother. This recognition as a legal parent is earned if you have lived with the child’s mother for the first two
years of the child’s life. Otherwise, the mother maintains all parental rights. Moreover, the mother retains
all the right to make decisions related to the child.
In paternity cases, the father will need to take a DNA test as a first recourse for establishing paternity, only
after which will custody and visitation rights be worked on and resolved. If you and your ex-spouse have
come to an agreement regarding custody, the Texas court will use this as the basis for its order. But if this
agreement is not reached, it’s up to the court to determine the best custody setup, Kersh Law Firm
explains.
Kersh Law Firm, P.C., has the legal knowledge and Texas courtroom experience to protect its clients’ interests. Its
extensive divorce trial experience benefits clients during divorce mediation and, if needed, litigation. For more
reads on family law, click this link.
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