Sarah Jane Ramos made her first public appearance with daughters Margaret, 2, and Aurora, 9 months, on March 18, 2026 — one month after calling off her wedding to Dallas Cowboys quarterback Dak Prescott. The canceled Lake Como ceremony, originally set for April 10, has shifted public attention from wedding drama to a far more consequential legal question: under Texas law, an unmarried father earning $59.4 million per year has no automatic custodial rights to his children until he establishes paternity through formal legal channels.
| Key Facts | Details |
|---|---|
| What happened | Sarah Jane Ramos appeared publicly with the couple's two daughters after the wedding was called off |
| When | March 18, 2026 (wedding was scheduled for April 10, 2026) |
| Who's affected | Dak Prescott (Cowboys QB, $59.4M/year) and two minor children |
| Key statute | Tex. Fam. Code § 160.201 (Establishment of Parent-Child Relationship) |
| Legal issue | Unmarried fathers in Texas have no automatic custody rights without establishing paternity |
| Practical impact | Prescott must file a paternity action or sign an Acknowledgment of Paternity to secure any legal rights |
Unmarried Fathers in Texas Start with Zero Custodial Rights
Texas law draws a hard line between married and unmarried parents. When a child is born to a married couple, the husband is the presumed father under Tex. Fam. Code § 160.204, and both parents share equal rights from birth. When parents are not married, the mother is the sole managing conservator by default. The father — regardless of income, involvement, or how many diapers he has changed — holds no legal right to custody, visitation, or decision-making authority until paternity is formally established.
This is not a technicality. It is the foundational rule of Texas family law for unmarried parents. According to the Texas Office of the Attorney General, approximately 42% of births in Texas occur to unmarried parents, making this one of the most commonly misunderstood areas of family law in the state. Many fathers assume that being listed on the birth certificate is enough. It is not.
How Texas Law Handles Paternity and Custody for Unmarried Parents
Texas provides two primary paths for an unmarried father to establish legal parental rights under Tex. Fam. Code Chapter 160.
The first is a voluntary Acknowledgment of Paternity (AOP). Under Tex. Fam. Code § 160.301, both parents can sign a sworn statement at the hospital or later through the Texas Vital Statistics Unit. The AOP takes effect on the 60th day after signing and carries the same legal weight as a court order establishing paternity. Either parent has a 60-day rescission window to change their mind.
The second path is a paternity suit filed in court. Under Tex. Fam. Code § 160.602, the father, mother, or the state can file a petition to adjudicate parentage. Texas courts routinely order genetic testing under Tex. Fam. Code § 160.502, which requires a 99% probability threshold to establish biological paternity. The average Texas paternity case takes 3 to 6 months to resolve when uncontested, though high-conflict cases can stretch beyond 12 months.
Establishing paternity alone does not grant custody. It only creates the legal parent-child relationship. The father must then file a separate suit affecting the parent-child relationship (SAPCR) under Tex. Fam. Code § 102.003 to obtain conservatorship (custody) and a possession order (visitation schedule). Texas courts use a best-interest-of-the-child standard under Tex. Fam. Code § 153.002, evaluating factors including each parent's physical and emotional stability, the child's existing living arrangements, and each parent's willingness to encourage a relationship with the other parent.
The $59.4 Million Factor: How Income Affects Texas Child Support
Prescott's four-year, $240 million Cowboys contract — averaging $59.4 million per year — makes this situation financially extraordinary. Texas child support guidelines under Tex. Fam. Code § 154.125 cap the percentage-based calculation at a net monthly income of $9,200 (as of September 2023). For two children, the guideline amount is 25% of net resources up to that cap, which produces a baseline of approximately $2,300 per month.
However, Tex. Fam. Code § 154.126 allows courts to order additional support above the guideline cap when the obligor's income substantially exceeds the threshold. Courts evaluate the proven needs of the children — including housing, education, healthcare, extracurricular activities, and travel — and can order support well beyond the $2,300 baseline. In high-income Texas cases, child support orders of $15,000 to $50,000 per month are not uncommon when the children's established lifestyle requires it.
With two children under age 3, the support calculation will also factor in childcare costs, which in the Dallas-Fort Worth metro area average $1,200 to $1,800 per month per child according to the Texas Health and Human Services Commission's 2025 market rate survey.
Practical Takeaways for Texas Unmarried Parents
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Establish paternity immediately. Every day an unmarried father waits is a day the mother retains sole legal authority over the children. Sign an Acknowledgment of Paternity at the hospital or file a paternity suit through the courts. The biological relationship alone grants no legal rights in Texas.
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File a SAPCR to obtain a custody order. Paternity establishment and custody are separate legal steps in Texas. A father who proves paternity but never files for conservatorship still has no right to possession time with his children. File both simultaneously to avoid delay.
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Document your parental involvement from day one. Texas courts evaluating the best interest of the child under Tex. Fam. Code § 153.002 consider each parent's historical involvement. Keep records of caregiving, financial contributions, medical appointments attended, and communication with the other parent.
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High-income parents should expect above-guideline support calculations. Texas caps guideline support at $9,200 net monthly income, but courts routinely exceed that cap when the obligor earns substantially more. Prepare financial documentation of the children's actual needs and established lifestyle.
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Consider a parenting plan before litigation. Texas courts favor parents who demonstrate cooperation. Under Tex. Fam. Code § 153.007, parents can file an agreed parenting plan that the court will approve if it serves the children's best interests, avoiding the cost and conflict of a contested hearing.
Frequently Asked Questions
Does being on the birth certificate give an unmarried Texas father custody rights?
No. Being listed on a Texas birth certificate does not establish legal paternity or grant custody rights. Under Tex. Fam. Code § 160.201, an unmarried father must either sign a voluntary Acknowledgment of Paternity or obtain a court order adjudicating parentage before pursuing any custody rights.
How long does a Texas paternity case take to resolve?
An uncontested Texas paternity case typically resolves in 3 to 6 months from filing to final order. When genetic testing is ordered under Tex. Fam. Code § 160.502, results usually take 4 to 6 weeks. Contested cases involving custody disputes can extend 12 months or longer depending on court schedules in the filing county.
Can a wealthy unmarried father get 50/50 custody in Texas?
Yes. Texas courts do not favor mothers over fathers in custody determinations. Under Tex. Fam. Code § 153.003, the court cannot discriminate based on sex or marital status. A father who establishes paternity and demonstrates active involvement can obtain a Standard Possession Order or expanded possession, including equal 50/50 arrangements.
How is child support calculated when a parent earns over $59 million per year?
Texas guideline support caps at $9,200 net monthly income, producing a baseline of approximately $2,300 per month for two children. However, Tex. Fam. Code § 154.126 authorizes courts to order above-guideline support based on the children's proven needs. In ultra-high-income cases, Texas courts have ordered $15,000 to $50,000 or more per month.
What happens if unmarried parents in Texas cannot agree on custody?
When unmarried parents cannot reach a custody agreement, either parent can file a SAPCR under Tex. Fam. Code § 102.003. The court will appoint a custody evaluator or amicus attorney, conduct hearings, and issue orders based on the child's best interest under Section 153.002. Texas courts resolved approximately 85,000 family law cases involving children in 2025 according to the Texas Office of Court Administration.
If you have questions about unmarried parent custody rights in Texas, connect with an experienced family law attorney in your county through our Texas directory.
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.