Mothers often come to us in one of two places. Some have been the children’s main caregiver and fear losing that role because the father has hired a lawyer and is asking for more time. Others are unmarried and unsure whether they need to go to court at all. Either way, Texas law treats mothers and fathers equally, which means a mother’s position depends on the facts and how they are presented. For New Braunfels and Comal County mothers, here is what the law says and how to protect your children’s stability.
No Automatic Advantage, But Real Rights
The Texas Family Code tells courts not to consider a parent’s sex when deciding custody. The old “tender years” idea that young children belong with their mothers is not part of Texas law. Still, mothers often bring strong evidence of the child’s needs and day-to-day routines, because many have handled most of that care.
Every Texas parent, mother or father, generally has rights such as:
- access to the child’s school, medical and counseling records
- the right to talk with teachers, doctors and counselors
- the right to be consulted on major decisions, unless the order says otherwise
- the right to attend school activities
Beyond those, the order divides key rights between parents. See conservatorship.
Unmarried Mothers: Rights Before and After an Order
Before a court order
A mother is the legal parent of her child from birth. If the parents never married and no court has entered an order, the mother generally has the practical ability to make decisions for the child, and the father has no court-enforceable custody rights until paternity is established and a court acts.
That might sound like enough. But without an order:
- you have no child support order
- the father, once paternity is established, may have equal claim to the child with no schedule limiting him
- you have no legal tool if the father keeps the child after a visit
- school and medical providers may be unsure whom to listen to
Why an order helps mothers
A court order gives structure: a schedule, support, decision-making rights and injunctions against conduct like disparaging you in front of the child. If the father signed an Acknowledgment of Paternity, the next step is usually a suit to set custody and support. See unmarried parents.
Protecting Your Role as Primary Parent
If you have been the child’s main caregiver and want to keep the right to designate the child’s primary residence, focus on evidence:
- Document your caregiving. Medical appointments, school communication, extracurricular schedules and daily routines.
- Show stability. A consistent home, school and support network in New Braunfels or nearby.
- Support the father’s relationship. Courts look closely at which parent will encourage the child’s bond with the other parent.
- Keep communications respectful. Your messages may become evidence.
- Follow temporary orders exactly, even when it is hard.
Being the child’s primary caregiver does not guarantee primary residence, but it is often important evidence.
Child Support and Medical Support
Texas guideline child support is based on the paying parent’s net resources and the number of children. Medical and dental support are ordered in addition. Support generally continues until the child turns 18 or graduates from high school, whichever is later. See how child support is calculated.
If support is not paid, you can pursue enforcement through the court or with help from the Office of the Attorney General. Support and visitation are separate, so do not withhold visits because of unpaid support.
Safety Concerns
When a mother has concerns about the father’s drinking, drug use, violence or neglect, the court can take steps to protect the child. Options include:
- supervised visitation or exchanges at a neutral location
- drug and alcohol testing
- limits on overnight visits
- requirements to complete classes or treatment
- a protective order in cases of family violence
Concerns must be supported by evidence. Exaggerated or unsupported claims can backfire and damage credibility with the court.
Situations We See Often in Comal County
Working mothers and long commutes
Many New Braunfels mothers commute to San Antonio, Austin or San Marcos. A court considers childcare plans and work schedules for both parents. Present a realistic plan that shows how the children will be cared for on your workdays.
Mothers in military families
Mothers serving at Joint Base San Antonio, or married to a service member, may face deployment and transfer issues that should be addressed in the order before they arise.
Mothers facing a move
Whether you want to move closer to family or the father wants to move away, a geographic restriction in your order may control. Plan ahead.
Pregnancy during a divorce
If you are pregnant during a divorce, the case usually cannot be finalized until the child is born, so that custody and support for the baby can be addressed. See divorce while pregnant.
Protecting Your Children During the Case
While a custody case is pending, the way you handle daily life is evidence. Keep routines steady, keep the children out of adult conversations, and avoid posting about the case online (see our social media guide). If the father misses visits, document it rather than complaining to the children. Courts notice which parent stays focused on the children during a stressful time.
When the Father Wants More Time
It is common for a father to ask for an expanded or equal schedule, especially when the parents live close together in New Braunfels. That request is not an attack on you as a mother. Ask whether the proposal would actually work for the children: school mornings, activities, and how the children handle transitions. If it would not, explain why with specifics. If parts of it would work, a negotiated middle ground may serve the children better than a contested hearing. Our page on expanded standard possession explains the default rules for nearby parents.
Talk With a New Braunfels Family Lawyer
Mothers deserve clear answers and a plan that protects their children’s stability. Our family law team has helped mothers in New Braunfels and throughout Comal County with custody, support and modification cases for more than ten years. Call (830) 302-4071 for a free consultation by phone, video or in person. Hablamos español.
Frequently Asked Questions
Do mothers automatically get custody in Texas?
No. Texas courts may not favor either parent based on sex. A mother who has been the main caregiver often has strong evidence about the child’s needs and routines, but the decision rests on the child’s best interest.
As an unmarried mother, do I need a custody order?
You have the legal rights of a parent without an order, but an order protects you too. It sets a clear schedule, establishes child support, and gives you a legal remedy if the father keeps the child or makes decisions without you.
Can I deny visitation if the father is not paying child support?
No. If there is an order, you must follow the possession schedule even if support is unpaid. Pursue support through enforcement instead. Withholding the child can expose you to enforcement.
What if I am worried about the child's safety with the father?
Talk to a lawyer promptly. Depending on the facts, the court can order supervised visits, drug testing or other limits, and in cases of family violence a protective order may be available. See supervised visitation.
Can I move with my child if I have primary custody?
Only within any geographic restriction in your order, unless the father agrees in a court order or the court modifies the restriction. Our relocation page explains how this works.
Last reviewed November 13, 2026. General information only, not legal advice.