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If the parents aren't married, the father must first establish paternity before seeking custody of his child. A judge may establish paternity if one parent files for paternity in court, or if both parents sign and file a voluntary acknowledgement form, which the father may have already signed when the child was born.
Claiming Children on Tax Forms Either unmarried parent is entitled to the exemption so long as they support the child. Typically, the best way to decide which parent should claim the child is to determine which parent has the higher income. The parent with the higher income will receive a bigger tax break.
If one parent keeps a child away from the other parent when there is not a court order, there is no way to force visitation to happen. Without a court order, neither parent can file an enforcement action. An enforcement action cannot be used to enforce an informal agreement between the parents.
In the State of California, when people are legal parents of a child, whether biologically, or by joint adoption, and they split up, their child-related matters will normally be handled in the same way as if they were a divorcing married couple. In other words, the same rules apply to them as apply to a married couple.
The short answer to this question is no. In Texas, the mother is automatically given full legal and physical custody of her child. Even if the father's name is on the birth certificate, this does not establish any rights for the unmarried father.