Father’s Rights in a Texas Custody Battle

Whether separated, divorced, or never married, you have rights as a father. Asserting your rights as a father can be hard; reach out, and we can help.

What Are Father’s Rights

When parents with minor children separate, they have to establish an arrangement for taking care of them. Previously, mothers were considered more fit to take care of the children, but that has changed. Today, fathers and mothers have equal rights under Texas family law. The only requirement for obtaining parental rights in child custody cases is to be found the legal parent of the child in question.

Determining Custody in a Texas Divorce Process

Although legal custody and physical custody are the typical terms used in child custody cases, that is not the case in Texas. Courts divide child custody issues in this state into Conservatorship and Possession and access. But, even though the terms are different, the concepts are similar to those in other states.

Conservatorship is a court-ordered custody of a child and involves the duties and rights of the parents regarding school and medical treatments, among other things. If one parent makes all the decisions, that is considered Sole Managing Conservatorship, and if both parents make decisions jointly, that is called Joint Managing Conservatorship.

On the other hand, when the parents have physical custody of the children, that is referred to as possessory conservatorship. Issues regarding visitation are referred to as Possession and access. Possession and access schedules, which dictate the time each parent spends with the child, can be standard and extended standard.

Custodial Rights of Divorced Fathers

The parent with primary custody in Texas is typically called the primary conservator. Since fathers’ rights are equal to mothers’ rights, both parents can share the decision-making in a joint managing conservatorship.

In other words, when determining who the primary conservator should be, the judge pays more attention to the child’s best interests. The court can also consider each parent’s plan for taking care of the child, their income, and the stability of their homes. 

Judges can also place restrictions on possession orders if they believe a child’s well-being or safety should be protected. If they determine that a parent shouldn’t be left alone with a child, a supervised possession order can be issued, which allows access to the child only in the presence of a third party. 

Get Help With Father’s Rights Issues

Whether you’re separated, divorced, or were never married, you have rights as a father. We can help with custody and support arrangements, visitation, and paternity disputes. Establishing your rights as a father for full or partial custody of your child or children can be challenging and stressful. Our job is to help you through the steps of that process so that you are able to spend the most time with your children as possible.

We’ll help you on the path to organizing your thoughts, understanding what rights you have, and preparing to take the appropriate next steps.

Areas of father’s rights negotiation where our legal access plan and attorney network can assist you:

• Custody laws in your state

• Paternity dispute

• Child support

• Change in visitation or possession and access schedule

• Overnight visits

• Modification of existing child conservatorship arrangement