The Fight for Equal Parental Rights for Unmarried Fathers

The Issue

According to Texas Family Code § 160.204(a)(5), a man is presumed to be the father of a child if, during the first two years of the child's life, he continuously resided in the same household as the child and represented to others that the child was his own.

However, when a child is born to parents who are not married to each other, the law does not recognize the biological father as a legal parent. In other words, a biological father who is not married to the mother of their child does not have legal rights to his child until he establishes legal paternity.

Being a presumed father under this code, I find myself in a very confusing situation. Despite being recognized as the father, I still have no rights to my daughter. The mother continually denies me any access to her, even though I was the primary caregiver. My role as a stay-at-home father, raising our daughter, seems to hold little to no value in the eyes of the law. The law unquestioningly supports her decision. Undeterred by my repeated pleas, her response remains the same: No. It took just two letters—a single syllable—to shatter my life.

 

 

 

 

After months of research and seeking help, I've come to understand two harsh realities:

1. To obtain the same rights that are automatically granted to the mother, I would need to spend thousands of dollars and file several petitions with the courts, a process that could take months, if not years. Even attorneys offering pro bono services often require a significant upfront payment before they will consult with you.

2. Family laws are archaic and biased. In today's ever-changing world, traditional gender roles have become obsolete. Yet, our laws have not evolved to reflect current societal norms. They continue to operate under outdated assumptions. Shouldn't the law be updated to reflect current life scenarios? Shouldn't fathers be treated equally as mothers?

How does the law treat fathers in your state?

I did, however, start a GoGetFunding page in a desperate attempt to raise funds to pay for a "pro bono" attorney. Please share? And PLEASE sign this petition to support the fight for equality in parental rights!

avatar of the starter
Christopher UrbanoPetition StarterI am a single father who was a stay-at-home dad. One day, the mother asked me to leave and has since cut off all communication, refusing to let me see my daughter. This petition is only a small fraction of the fight to get her back into my life.
This petition had 192 supporters

The Issue

According to Texas Family Code § 160.204(a)(5), a man is presumed to be the father of a child if, during the first two years of the child's life, he continuously resided in the same household as the child and represented to others that the child was his own.

However, when a child is born to parents who are not married to each other, the law does not recognize the biological father as a legal parent. In other words, a biological father who is not married to the mother of their child does not have legal rights to his child until he establishes legal paternity.

Being a presumed father under this code, I find myself in a very confusing situation. Despite being recognized as the father, I still have no rights to my daughter. The mother continually denies me any access to her, even though I was the primary caregiver. My role as a stay-at-home father, raising our daughter, seems to hold little to no value in the eyes of the law. The law unquestioningly supports her decision. Undeterred by my repeated pleas, her response remains the same: No. It took just two letters—a single syllable—to shatter my life.

 

 

 

 

After months of research and seeking help, I've come to understand two harsh realities:

1. To obtain the same rights that are automatically granted to the mother, I would need to spend thousands of dollars and file several petitions with the courts, a process that could take months, if not years. Even attorneys offering pro bono services often require a significant upfront payment before they will consult with you.

2. Family laws are archaic and biased. In today's ever-changing world, traditional gender roles have become obsolete. Yet, our laws have not evolved to reflect current societal norms. They continue to operate under outdated assumptions. Shouldn't the law be updated to reflect current life scenarios? Shouldn't fathers be treated equally as mothers?

How does the law treat fathers in your state?

I did, however, start a GoGetFunding page in a desperate attempt to raise funds to pay for a "pro bono" attorney. Please share? And PLEASE sign this petition to support the fight for equality in parental rights!

avatar of the starter
Christopher UrbanoPetition StarterI am a single father who was a stay-at-home dad. One day, the mother asked me to leave and has since cut off all communication, refusing to let me see my daughter. This petition is only a small fraction of the fight to get her back into my life.

The Decision Makers

Gregory Abbott
Texas Governor
Brian Birdwell
Texas State Senate - District 22
http://www.txcourts.gov/supreme
http://www.txcourts.gov/supreme
Supreme Court of Texas

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Petition created on January 10, 2024