Legal Question in Family Law in Texas

My ex-boyfriend and I were never married but produced one child. We lived together until our child was 7. He is listed as the father on the birth certificate. Must we obtain a "divorce" to establish custody? Our child lives with me and sees his father on irregular visits, usually at my home. What are the legal ramifications of not being the "custodial" parent?


Asked on 5/18/11, 10:26 am

1 Answer from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

Just being listed on the birth certificate does not necessarily mean that a parent-child relationship has been established between the child and the father. If a formal Acknowlrdgement of Paternity was executed and filed with the Texas Department of Health, then that would establsh the relationship, but otherwise you should file a Petition to Establish Parentage. Such an order would designated a primary custodial parent, provide for the payment of child support and establish the times and conditions under which the noncustodial parent would have access to the child. I am a board certified specialist in the field of family law. I would be glad to discuss the options available to you if you would contact me directly at 713-600-5500.

Bruce C. Zivley

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Answered on 5/18/11, 11:37 am


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