Dak Prescott and Sarah Jane Ramos Show How Unmarried Parents Can Resolve Custody Without Court Battles in Texas
Dallas Cowboys quarterback Dak Prescott and ex-fiancée Sarah Jane Ramos have reached a peaceful custody arrangement for their two daughters, MJ, 2, and Aurora, 10 months, after their March 2026 split. The agreement, reached without litigation, demonstrates how Texas unmarried parents can establish custody terms outside the courtroom — a process governed by Tex. Fam. Code § 153.001 through § 153.317, which applies identically whether parents were married or not.
| Key Facts | Details |
|---|---|
| What happened | Dak Prescott and Sarah Jane Ramos reached an amicable custody agreement for two children |
| When | March-April 2026, following their split one month before a planned Lake Como wedding |
| Who is affected | Daughters MJ (age 2) and Aurora (10 months) |
| Key Texas statute | Tex. Fam. Code § 153.002 — best interest of the child standard |
| Financial context | Prescott signed a $240 million contract with the Dallas Cowboys in 2024 |
| Current status | Both parties describe the arrangement as "peaceful and productive" |
Texas Law Treats Unmarried Parents the Same as Divorced Parents for Custody Purposes
Texas does not distinguish between married and unmarried parents when determining conservatorship (Texas's term for custody) of children. Under Tex. Fam. Code § 153.002, the best interest of the child is the primary consideration in every custody determination, regardless of the parents' marital status. This is the exact same standard that applies in every Texas divorce involving children.
The critical difference for unmarried fathers like Prescott: paternity must be established before custody rights attach. Under Tex. Fam. Code § 160.201, a man is presumed to be the father if he is married to the mother at the time of birth. Unmarried fathers must establish paternity through an Acknowledgment of Paternity (a voluntary form signed at the hospital) or through a court order. Once paternity is established, the father has equal standing to seek conservatorship and possession time under Tex. Fam. Code § 153.131.
What makes the Prescott-Ramos situation notable is that both parties reportedly resolved these issues without filing suit — a route that TMZ reports has remained "peaceful and productive." Texas courts actively encourage this approach. Under Tex. Fam. Code § 153.0071, courts can refer custody disputes to mediation, and agreements reached through mediation or direct negotiation are binding once approved by a judge.
How Texas Handles Custody When Unmarried Parents Split
Texas uses the term "conservatorship" rather than "custody," and the default arrangement under Tex. Fam. Code § 153.131 is Joint Managing Conservatorship (JMC). Under JMC, both parents share decision-making authority on major issues like education, medical care, and religious upbringing. Approximately 90% of Texas custody cases result in some form of joint managing conservatorship, according to Texas Office of Court Administration data.
The Standard Possession Order (SPO) under Tex. Fam. Code § 153.312 establishes the baseline possession schedule for the non-primary parent. For children under 3 years old — which applies to both of the Prescott-Ramos children — Texas courts have historically applied a modified, more gradual schedule that increases parenting time as the child ages. The 2021 amendments to Tex. Fam. Code § 153.3101 expanded the rights of parents with children under 3, allowing broader possession schedules when it serves the child's best interest.
For a parent with Prescott's financial resources ($240 million contract, per multiple reports), several additional Texas provisions come into play. Child support in Texas is calculated under Tex. Fam. Code § 154.125, which caps the guideline calculation at the first $9,200 per month in net resources (as of 2026). However, courts can order support above the guideline amount under Tex. Fam. Code § 154.126 if the child's proven needs exceed the guideline level — a near-certainty when a parent earns tens of millions annually.
Texas courts also address travel and logistics in high-profile custody cases. Under Tex. Fam. Code § 153.316, the court can specify which parent bears transportation costs and how exchanges occur. For NFL players whose schedules include regular travel, training camp absences (typically 4-6 weeks from late July through August), and potential relocation, these provisions become particularly relevant.
Practical Takeaways for Texas Parents in Similar Situations
-
Establish paternity immediately if you are an unmarried father. Texas law under Tex. Fam. Code § 160.302 allows voluntary acknowledgment at the hospital, which is the simplest path to securing your parental rights. Without established paternity, an unmarried father has no legal standing to seek custody or visitation.
-
Consider a written parenting agreement even when things are amicable. The Prescott-Ramos arrangement is described as peaceful now, but Texas law allows either parent to file a Suit Affecting the Parent-Child Relationship (SAPCR) at any time under Tex. Fam. Code § 102.003. A written agreement filed with and approved by the court provides enforceable structure if circumstances change.
-
Understand that informal agreements have limits. While Prescott and Ramos appear to have a working arrangement, Texas courts cannot enforce a custody agreement that has not been reduced to a court order. If either parent later disagrees about the terms, the informal arrangement carries no legal weight.
-
Factor in the child support calculation early. Texas guideline child support for two children is 25% of the obligor's net resources under Tex. Fam. Code § 154.125, subject to the income cap. Parents earning above the cap should expect negotiations or litigation over above-guideline support, which can add significant time and cost to the process.
-
Address geographic restrictions proactively. Under Tex. Fam. Code § 153.001(a)(1), Texas policy encourages frequent and continuing contact with both parents. Most Texas custody orders include a geographic restriction (often the county of residence plus contiguous counties) that limits where the primary parent can relocate with the children.
Frequently Asked Questions
Does an unmarried father in Texas automatically have custody rights?
No. Under Tex. Fam. Code § 160.201, an unmarried father must first establish paternity — either through a voluntary Acknowledgment of Paternity signed at the hospital or through a court-ordered paternity determination. Once paternity is established, the father has equal legal standing to seek conservatorship under the same best-interest standard that applies in divorce cases.
How much child support would someone with a $240 million contract pay in Texas?
Texas guideline child support for two children is 25% of net monthly resources, but Tex. Fam. Code § 154.125 caps the calculation at $9,200 per month in net resources (2026 figure), producing a guideline amount of approximately $2,300 per month. Courts can order above-guideline support under Tex. Fam. Code § 154.126 based on the children's proven needs, which routinely happens in high-income cases.
Can unmarried parents in Texas create a binding custody agreement without going to court?
Parents can negotiate and agree on terms privately, but the agreement only becomes legally enforceable once it is filed with and approved by a Texas court as part of a SAPCR under Tex. Fam. Code § 153.007. Without a court order, neither parent can enforce the agreement's terms if the other parent stops complying. Filing the agreement typically costs between $300 and $500 in court fees.
What custody schedule does Texas use for children under 3 years old?
Texas courts historically applied more limited possession schedules for children under 3, but the 2021 amendments to Tex. Fam. Code § 153.3101 expanded options significantly. Courts can now order broader schedules — including overnight possession — for the non-primary parent when it serves the child's best interest, moving away from the older "step-up" approach that restricted overnights for very young children.
How does an NFL player's travel schedule affect custody in Texas?
Texas courts can customize possession schedules to accommodate irregular work schedules under Tex. Fam. Code § 153.312. For professional athletes, this typically means adjusted possession during the 18-week regular season (September through January), training camp (late July through August), and potential playoff runs. Courts look at the totality of contact time over a full year rather than strict weekly schedules.
Connect with a Texas family law attorney to discuss your custody situation and understand how these laws apply to your specific circumstances.
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.