Author: Attorney Daryl Longworth December 8, 2023

There used to be an assumption that mothers are better at nurturing or taking care of children. Fathers can get custody with the help of experienced and aggressive divorce lawyers in Texas. An experienced lawyer will fight for your rights including the right to contribute to your child’s growth and development

In Texas, there is no specific preference for either parent when it comes to child custody decisions. The court’s primary concern is the best interest of the child, which includes factors such as stability, safety, and quality of life.

How Father’s Rights Lawyer Can Help You?

What Are Fathers Rights In Texas Divorce?

While not all divorce cases are the same, an experienced divorce lawyer in Texas can help you no matter what kind of divorce you are going through. Your divorce lawyer can help you with the following:

• Getting a divorce decree that ensures that the father has equal access to his children

• Solving child custody and child support disputes

• Allegations of domestic violence

• Termination of parental rights proceedings

A Divorce Decree That Gives Father’s Equal Access

Do Fathers Have The Same Rights As Mothers In Texas?

Fathers often feel left out of the equation and don’t know how to assert their rights on matters concerning child custody and access. That’s where a father’s rights lawyer can help. In Texas, the law allows fathers to have equal access to their children after a divorce, but navigating the legal system can be overwhelming.

A father’s rights lawyer can guide you on how to care for your children during the separation period to avoid losing your claim to equal access. They can also help you create a visitation schedule that works for you and your family’s unique situation.

Your lawyer can advise you on how to handle dating during separation so that it doesn’t complicate child custody and support cases. With the help of a father’s rights lawyer, you can ensure that your rights as a father are protected and that you maintain a meaningful relationship with your children after a divorce.

Solving Child Support And Child Custody Disputes

Can A Dad Get 50 50 Custody In Texas?

Your spouse is probably going to use your children against you during a bitter divorce process. Due to this emotionally charged situation, only your lawyer can make decisions that won’t have negative consequences down the road. Your lawyer can provide detailed information about Texas family law, explaining the rights and responsibilities of fathers in child custody and support matters.

They can also help you gather all the necessary legal documents in your case. These documents can include photos that prove you are involved in your child’s extracurricular activities, and cards that your child sends you to illustrate their love for you. As long as you show you know your child better than the other parent, you will have an easier time during child custody negotiations.

Fathers who were not involved in their children’s lives before divorce may face an uphill battle in getting custody.

Your lawyer will also represent you during negotiations to reach agreements with the other party. This may involve discussions on custody arrangements, visitation schedules, and child support amounts. In case you cannot agree with your spouse during the negotiation, a lawyer can represent you in court. They will present the case, provide evidence, and argue on behalf of your interests.

Your Lawyer Can Help You Deal With Domestic Abuse Allegations

Domestic violence is a serious issue that often leads to divorce. But there have been cases where a spouse has falsely accused the other spouse of domestic violence. They make false accusations to either to punish you or prevent you from accessing your children.

Your lawyer can provide you with a clear understanding of Texas laws related to domestic abuse and how they may impact your divorce case. You need your lawyer’s assistance to gather any evidence to support or refute domestic abuse allegations. This may include witness statements, medical records, or other relevant documentation.

With their experience and knowledge of the legal system, your lawyer can challenge the exaggerated allegations made against you in court. They will argue for a fair resolution.

Termination Of Parental Rights Proceedings

In some cases, a parent may wish to terminate the parental rights of their ex-spouse. This is usually done if there is evidence of abuse or neglect towards the child. Your ex may do this to hurt you emotionally or to make it easier for a step parent to adopt the child.

In such cases, your lawyer can gather evidence that shows that you are positively involved in your child’s life. If the case goes to court, the lawyer can present counter-evidence that challenges challenging the credibility of your ex, or that show the claims are unfounded.

Since going to court is often expensive, a skilled lawyer can engage in negotiations with the other party or their legal representation to explore alternatives that don’t involve termination. This could include agreeing to certain conditions or seeking a less severe outcome.

Terminating parental rights is extremely difficult in Texas. Courts want both parents to be involved in their child’s life. But if a your parental rights are terminated for some reason, you will not be able to make decisions for your child, receive updates about your child, or spend time with your child.

What Child Custody Laws In Texas Say About Fathers

Child custody law in Texas recognizes the value of having both parents play a crucial role in their child’s life, regardless of gender. Fathers have legal rights to request joint or primary custody of their children, as long as they meet the same standards as mothers. The court takes into account various factors to determine the best interests of the child, such as their emotional and physical well-being, relationship with each parent, and the ability of each parent to provide care and support. In recent years, Texas has made significant changes to its child custody laws, reflecting a growing commitment to gender equality and the importance of fathers’ involvement in their children’s lives. Fathers are no longer seen as secondary parents but are now considered equal in the eyes of the law.

What Does Texas Law Says About Child Support?

Under Texas law, child support is a financial obligation that both parents must fulfill. The law stipulates that the noncustodial parent is responsible for making regular payments to the custodial parent to support the child’s basic needs.

These basic need include food, education, health care, and other living expenses. The child support amount is calculated based on the noncustodial parent’s income and the number of children they are responsible for. If the noncustodial parent’s circumstances change, the payments can be modified or adjusted based on various factors like changes in income, custody arrangements, or the specific needs of the child.

Texas law emphasizes that child support is a right of the child, not the parent. The noncustodial parent pays the child support while the custodial parent provides the primary residence for the child and covers other expenses. The law expects both parents to provide adequate financial support regardless of the relationship status between the parents.

How Child Support Is Calculated In Texas And The Guideline Percentages

Child support in Texas is calculated using a specific mathematical formula based on the net resources of the noncustodial parent.

Texas law defines “net resources” as all income and funds received from any source, including salaries, commissions, overtime pay, retirement benefits, and even unemployment benefits minus social security taxes, federal income taxes for a single person claiming one personal exemption and the standard deduction, state income tax, union dues, and expenses for the child’s health insurance coverage.

Once the net monthly income is calculated, the Texas child support guidelines are applied to this amount, which are as follows:

• 20% for one child

• 25% for two children

• 30% for three children

• 35% for four children

• 40% for five children

• Not less than 40% for six or more children

It’s important to note that these percentages are applied to the first $9,200 of the noncustodial parent’s net resources. If the noncustodial parent’s net resources exceed this amount, the court may order additional child support depending on the needs of the child. Finally, these guidelines may not apply in all cases, especially if the child has special needs or the parents have agreed to a different amount. Always consult with a lawyer to understand how these guidelines would apply to your specific circumstances.

What if Your Net Resources Exceed the Limit?

A court may decide to order additional child support if the noncustodial parent’s net resources exceed $9,200 per month. But that depends on the needs of the child and any financial resources available for the support of the child.

It’s also important to note that the court may take into account the lifestyle that the child would have enjoyed had the parents’ relationship not ended. These factors mean that in high-income cases, child support payments can significantly exceed the amounts specified in the standard guidelines. Talk to an experienced father’s rights lawyer to review your specific situations and help protect your financial interests.

The information provided on this website is for general informational purposes only and should not be construed as legal advice or a substitute for professional legal counsel.