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Father’s Rights in Texas | Father’s Divorce Attorney

Fathers Divorce Rights

Traditionally, mothers have been more likely to get custody of children during divorce in Texas.  But laws have changed and fathers now have significant rights in custody cases and other issues.  Apart from custody, there are issues such as visitation, decision-making rights regarding schooling, residence, and other child-rearing issues.

Both Parents Have Rights Protected By Texas Law

father's rights in texasBoth parents have parental rights, which are rights you retain whether or not you are married to the mother of the child. If you were married to the mother of the child when the child was born, you are presumed to be the father. With no marriage, the father may be required to prove paternity to be able to benefit from the father’s rights.

You don’t have to go through DNA testing for the matter to be resolved. The rights you have as the father means that you can seek custody of the child. But not getting full custody does not mean you lose those rights because you still have the right to be involved in your child’s life.

Most of the time parents negotiate custody out of court, but when they cannot agree the court decides what rights and duties each parent has. The father retains parental rights even when the court takes over the case.

Examples Of Father’s Rights

Fathers have the right to participate in decision-making regarding their child’s religion, education, and health care.  That means he can decide what doctor the child gets to see, where and when to go to church, and where the child should go to school. You can access your child’s medical and educational records.

But the right to make decisions is shared with the mother. The father also has visitation rights. Some of these rights can be limited by a family court depending on circumstances.

How A Court Grants Custody

Most parents think that the court will grant custody to the parent that the child likes.  The court primarily bases its custody decisions on the minor child’s best interest. Your men’s rights divorce lawyer has to convince the court that you are the parent able to provide for your child’s needs. The court bases its decisions on the following factors:

  • The stability of each parent. This can be the ability to earn an income, provide child care, and more
  • The ability to take care of the child’s physical and mental needs
  • The ability of the parents to work together in the upbringing of the child
  • The child’s safety when they are around the parent
  • How close in proximity the child is to extended family
  • In theory, Texas courts do not care about the gender of the parent when they are making custody decisions.

You Need To Consult A Father’s Rights Lawyer

Divorce for men is a complicated process that can get even harder if children are involved. You must consult a father’s rights lawyer to help you retain your rights to be involved in your child’s life.  Your lawyer can also help with issues such as spousal maintenance, property division, and other important issues in your divorce.