It is fairly common for children to be born outside of marriage. The type of child custody case that is filed for children born to unwed parents is called a "paternity case" because the judge will officially declare the man to be the parent of the child. If a man is listed as the father on the birth certificate, he is presumed to be the child's father. If the mother is married to someone else when the child is born, the husband is legally presumed to be the father, and a court case is needed to declare the child's real father. The court can order DNA tests to confirm who the child's father is.
Often, paternity cases begin when either the mother needs child support or when the father is not being allowed to see the child. The Texas Attorney General files a lot of paternity cases because mothers seek legal help or because the child is receiving government benefits (such as Medicaid) and the state wants the father to pay that cost.
Click here to read more about paternity cases on the Texas Attorney General's website.
Judges can issue temporary orders for custody, visitation, and child support in paternity cases. Paternity orders cover the same topics as other child custody orders: conservatorship, visitation, child support, and health/dental insurance for the child. These topics are covered in more detail in other articles on this website.