Dallas Cowboys quarterback Dak Prescott filed a custody lawsuit in Collin County, Texas on March 17, 2026, seeking parenting arrangements for his two daughters after his engagement to Sarah Jane Ramos ended amid allegations he used incognito social media accounts to message other women. The case highlights how Texas courts establish custody for unmarried parents and what factors judges consider when neither party has a court order in place.
| Key Facts | Details |
|---|---|
| What happened | Dak Prescott filed custody lawsuit against ex-fiancée Sarah Jane Ramos |
| Filing date | March 17, 2026 |
| Court | Collin County, Texas District Court |
| Children involved | Margaret (age 2) and Aurora (10 months) |
| Next hearing | April 16, 2026 (if settlement talks fail) |
| Key statute | Tex. Fam. Code § 153.002 (best interest standard) |
How Texas Establishes Custody for Unmarried Parents
Texas law treats unmarried fathers differently than married fathers when it comes to parental rights. Under Tex. Fam. Code § 160.204, a man is presumed to be a child's father if he is married to the mother at the time of birth. Unmarried fathers like Prescott must establish paternity through an Acknowledgment of Paternity (AOP) or court order before seeking custody rights.
Once paternity is established, Tex. Fam. Code § 153.002 requires courts to determine conservatorship (Texas's term for custody) based solely on the children's best interest. The statute lists specific factors judges must consider, including each parent's ability to encourage a positive relationship with the other parent, the children's physical and emotional needs, and each parent's parenting abilities.
Texas courts start with a presumption that joint managing conservatorship serves children's best interests under Tex. Fam. Code § 153.131. This means both parents typically share decision-making authority for major issues like education, medical care, and religious upbringing. However, one parent usually receives the right to determine the children's primary residence.
Why Filing First Matters in Texas Custody Cases
Prescott's decision to file in Collin County rather than waiting for Ramos to act gives him a procedural advantage. The parent who files first typically establishes venue, meaning the case will be heard in their preferred county. Under Tex. Fam. Code § 103.001, venue is proper in the county where the child has resided for at least six months.
Collin County courts handle approximately 4,200 family law cases annually, with custody disputes averaging 8-12 months to reach final resolution according to Texas Office of Court Administration data from 2025. However, temporary orders hearings like the April 16 date can establish parenting schedules that often become the basis for final orders.
Filing first also allows a parent to request temporary restraining orders if needed and sets the tone for negotiations. Courts often view the filing parent as proactive about establishing stability for the children.
The Role of Infidelity in Texas Custody Decisions
The alleged social media messaging that ended the couple's engagement will likely have minimal impact on custody outcomes. Texas is a no-fault divorce state, and courts generally do not consider marital misconduct when determining custody arrangements for children. Under Tex. Fam. Code § 153.004, judges focus exclusively on factors affecting the children's welfare.
However, if either parent's conduct exposed the children to inappropriate situations or demonstrated poor judgment that could affect parenting, courts may consider that behavior. The standard remains whether the conduct directly impacts the children's physical safety or emotional well-being.
Texas judges will examine each parent's living situation, work schedule, support system, and history of involvement in the children's daily care. With Margaret at age 2 and Aurora at 10 months, courts will pay particular attention to which parent has been the primary caregiver and whether both parents can meet the developmental needs of very young children.
What Happens at the April 16 Temporary Orders Hearing
If Prescott and Ramos cannot reach a settlement agreement, the April 16 hearing will establish temporary custody arrangements that remain in place until the final trial. Temporary orders hearings in Texas typically last 2-4 hours and focus on immediate parenting schedules, child support, and decision-making authority.
Under Tex. Fam. Code § 105.001, courts can issue temporary orders for possession and access, child support, exclusive use of the residence, and payment of debts. These orders are not a prediction of the final outcome, but research from the Texas Family Law Foundation shows that approximately 70% of temporary custody arrangements become permanent in final orders.
Both parents should arrive prepared with documentation showing their involvement in the children's lives, proposed parenting schedules, and evidence of their ability to provide stable environments. Given Prescott's NFL schedule with away games and training camp, the court will need to address how to maintain meaningful time with both parents.
Texas Child Support for High-Income Parents
Child support will be a significant component of this case given Prescott's reported $60 million annual salary. Texas uses a percentage-of-income model under Tex. Fam. Code § 154.125, with the basic guideline requiring 25% of net resources for two children.
However, Texas caps the income subject to child support calculations at $9,200 per month (as of September 2025), resulting in a maximum guideline support of $2,300 per month for two children. Courts can deviate above the guideline amount if the obligee proves the children's needs exceed that figure under Tex. Fam. Code § 154.126.
Given the lifestyle these children have experienced with a professional athlete's income, Ramos could argue for above-guideline support to maintain consistency in their standard of living. Texas courts regularly award support exceeding $10,000 monthly in high-income cases when documented needs justify the amount.
Practical Takeaways for Texas Parents
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Unmarried fathers must establish paternity before seeking custody rights. Sign an Acknowledgment of Paternity at the hospital or file a parentage suit promptly after the child's birth.
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Filing first establishes venue and demonstrates proactive parenting. If a custody dispute seems likely, consulting with a family law attorney early can protect your rights.
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Document your involvement in your children's daily lives. Keep records of medical appointments, school activities, and caregiving responsibilities.
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Prepare realistic parenting schedule proposals that account for work obligations. Courts favor parents who present practical, child-focused plans rather than demanding maximum time.
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Understand that temporary orders often become permanent. Take the initial hearing seriously and present your best case for the parenting arrangement you seek.
Frequently Asked Questions
Does cheating affect custody decisions in Texas?
Cheating generally does not affect Texas custody decisions. Under Tex. Fam. Code § 153.004, courts determine custody based solely on the children's best interest, not marital misconduct. However, if infidelity exposed children to inappropriate situations or demonstrated judgment issues affecting parenting, courts may consider that specific behavior.
How long do Texas custody cases take to resolve?
Texas custody cases average 8-12 months from filing to final orders according to 2025 Texas Office of Court Administration data. Temporary orders hearings occur within 30-60 days of filing and establish interim arrangements. Cases involving high-conflict parents or complex financial issues may take 18 months or longer to reach resolution.
What is the maximum child support in Texas for high-income parents?
Texas caps guideline child support at income of $9,200 monthly, producing maximum guideline support of $2,300 per month for two children under Tex. Fam. Code § 154.125. Courts can order above-guideline support when children's proven needs exceed that amount, with high-income cases regularly resulting in $10,000+ monthly support awards.
Do unmarried fathers have equal custody rights in Texas?
Unmarried fathers have equal custody rights after establishing paternity through an Acknowledgment of Paternity or court order under Tex. Fam. Code § 160.204. Without paternity establishment, fathers have no legal standing to seek custody or visitation. Once paternity is confirmed, courts apply the same best interest standard for all parents.
What happens if parents cannot agree on custody in Texas?
When Texas parents cannot agree on custody, courts hold temporary orders hearings within 30-60 days to establish interim arrangements. Parents must typically attend mediation before trial under local court rules. If mediation fails, a judge will hear evidence and issue final orders determining conservatorship, possession schedules, and child support.
Texas residents facing custody disputes can use our child support calculator to estimate potential obligations or explore our Texas custody guide for detailed information about the legal process.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.