What are the Rights of a Father? Father’s Rights Attorney Texas

Last Updated on February 5, 2024 by Benson Varghese

Dads are often concerned they won’t get a fair shake in family court. Social norms and stereotypes about gender roles in parenting can influence the attitudes of those involved in the legal process, including judges. Our attorneys are skilled at protecting and fighting for the rights of fathers. This Father’s Rights attorney article unpacks the how and why of selecting the right attorney, helping you champion your parental rights every step of the way.

Fathers’ Rights in Texas

Paternity

Establishing paternity is the first step for a father in asserting his rights, especially if the parents are unmarried. Fathers can establish paternity by signing an Acknowledgment of Paternity or by going to court. Once paternity is established, the father has the right to seek custody or visitation and also has the responsibility to support the child.

Conservatorship (Custody)

Texas uses the term ‘conservatorship‘ instead of ‘custody’. Courts in Texas prefer to award joint managing conservatorship, where both parents share the rights and duties of parenting. This doesn’t necessarily mean the child’s time is divided equally between the parents, but that both parents have a say in the child’s upbringing. A father has the same right as the mother to be a joint managing conservator.

Possession and Access (Visitation)

If one parent is awarded primary custody, the other parent typically has the right to visitation, which in Texas is referred to as “possession and access.” Texas has a Standard Possession Order that outlines the visitation schedule, but parents can agree to a different schedule or the court can order a different schedule that is in the best interest of the child.

Child Support

Fathers have the right to receive child support if they have primary custody of the child, and they have the responsibility to pay child support if they do not. Child support in Texas is calculated based on a percentage of the non-custodial parent’s income, with the percentage increasing with the number of children.

Decision-Making

Fathers have the right to be involved in making important decisions about their child’s life, including decisions about education, health care, and religious upbringing, especially if they have joint managing conservatorship.

Protection of Rights

If a father believes his rights are being violated, such as being denied visitation by the other parent, he has the right to seek enforcement of the order through the court.

history of fathers' rights

History of Fathers’ Rights in Family Law

Historically, fathers’ rights were often overlooked in family law, with a bias towards mothers in matters of child custody and support. However, the landscape has changed significantly, with a shift towards gender neutrality and a focus on the child’s best interests.

Today, fathers have the same rights as mothers, with courts increasingly recognizing the importance of the child’s relationship with both parents.

Legal Rights of Fathers

The law should treat fathers and mothers equally when it comes to their legal rights. Establishing paternity grants fathers identical rights and responsibilities to those of mothers. Such rights include pursuing primary custody, spending time with their children, and participating in decisions about their upbringing.

Nevertheless, they carry the obligation to furnish financial support and safeguard their children’s welfare.

Evolution of Fathers’ Rights

The progression of fathers’ rights has witnessed substantial changes in societal attitudes and legal approaches. The fathers’ rights movement of the 1960s and 1970s, a response to the rising divorce rate and changing societal dynamics, saw a concerted effort to reform family law and child custody proceedings. The aim was to promote equitable and impartial judgments, acknowledging the evolving societal perspectives on fatherhood and parental parity.

Over time, significant legal cases have shaped these rights, emphasizing the importance of both parents in a child’s life.

Current State of Fathers’ Rights

Fathers’ rights today portray a more balanced scenario. Unmarried fathers now have the right to establish paternity and pursue custody rights, regardless of their marital status with the child’s mother. Certain states even advocate for joint custody.

The enhanced rights and parental duties of unmarried fathers suggest an emergent trend in solidifying fathers’ roles in their children’s lives.

The Role of a Father’s Rights Attorney

Within the intricacies of family law, a father’s rights attorney acts as a guide. We play a critical role in ensuring that fathers are treated fairly in child custody and visitation cases, child support matters, and paternity issues. Our expertise and dedication to protecting fathers’ rights can make a significant difference in the outcome of these cases.

Child Custody and Visitation Cases

Our father’s rights attorney represents the father in child custody and visitation rights cases, safeguarding their rights. We work towards:

  • Custody and visitation agreements that prioritize the child’s best interests

  • Navigating the complex legal landscape

  • Providing much-needed support and guidance during an emotionally challenging time.

Child Support Matters

Our fathers’ rights attorney can help with various child support matters, including:

  • Assuring a just amount of support is received or contributed by our client

  • Addressing custody and paternity issues that may impact child support

  • Ensuring that our client’s financial obligations align with their income and the child’s needs

Selecting the Right Fathers’ Rights Lawyer for Your Case

Selecting apt legal representation is pivotal for a just resolution in a father’s rights case. When selecting a lawyer, it’s important to consider their experience and track record, communication skills, and availability.

The expertise of family law firms, particularly a family law attorney and their dedication to safeguarding fathers’ rights, can have a substantial impact on your case’s outcome.

Experience and Track Record

We have successfully navigated the waters of securing the rights of fathers in Texas family courts. The experience and success rate of an attorney in managing fathers’ rights cases can greatly affect your case’s outcome. Put the depth of our knowledge and experience to work for you.

Communication and Availability

As you meet with an attorney for a consultation, look to see if they can and do:

  • Clearly explain the legal process

  • Answer your questions

  • Make themselves available when you need them

  • Listen attentively to your concerns

How Our Fathers’ Rights Attorneys Fight For You

A fathers’ rights attorney offers priceless assistance and direction, helping clients maneuver the legal system, safeguard their parental rights, and secure positive results.

Navigating the Legal System

Especially for those unacquainted with family law, the legal system can pose as a complicated labyrinth. Our fathers’ rights attorney provides education on avoiding pitfalls during custody disputes, offers legal assistance to low-income fathers, and represents men in divorce proceedings. They help clients understand the legal process and the intricacies associated with their case, providing guidance every step of the way.

Protecting Your Parental Rights

Safeguarding a father’s parental rights is a central aim of a father’s rights attorney. They strive to ensure that fathers are treated fairly in family court and that their rights are upheld. They advocate for equal parenting time, challenge biased stereotypes, and present evidence of the father’s involvement and commitment to the child.

Common Challenges Faced by Fathers in Family Court

Despite the legal landscape’s evolution to provide enhanced protection for fathers’ rights, fathers might still encounter significant hurdles in family court. These include potential bias against fathers, complicated legal processes, and emotional struggles.

Grasping these challenges and learning to surmount them can considerably boost a father’s prospects of court success.

Bias Against Fathers

Despite the shift towards gender neutrality in family law, there is still a perception of bias against fathers in family court. This can manifest in various ways, from the assumption that mothers are naturally better caregivers to the preference given to mothers in custody arrangements.

This perceived bias can make it difficult for fathers to achieve fair outcomes in family court.

Complicated Legal Processes

The legal processes involved in family law matters, including the divorce process and addressing domestic violence, can be complex and overwhelming for those without legal training. From understanding the laws surrounding child custody and support to navigating the intricacies of family court proceedings, the legal system can pose a significant challenge for fathers, especially in child custody disputes.

Without proper legal representation, fathers may find it difficult to navigate these processes and secure their rights.

Emotional Struggles

The emotional toll of family law cases cannot be underestimated. Fathers may experience a range of emotional struggles, from feelings of guilt and shame to stress and anxiety. These emotional challenges can not only impact a father’s well-being but also their ability to effectively advocate for their rights in family court.

tips to protect father's rights

Tips for Success in Your Fathers’ Rights Case

Though the path to securing fathers’ rights may pose difficulties, specific strategies can increase the likelihood of victory. These include maintaining a positive relationship with your child, cooperating with your ex-partner, and keeping accurate records.

These strategies can help strengthen your case and improve your chances of achieving a favorable outcome in family court.

Maintaining a Positive Relationship with Your Child

Sustaining a positive bond with your child is vital in a father’s rights case. Courts prioritize the child’s best interests, and a strong, positive relationship with your child can demonstrate your commitment to their well-being. Regular communication, active involvement in their lives, and providing emotional support can strengthen your bond with your child and support your case.

Cooperating with Your Ex-Partner

Collaborating with your ex-partner can likewise have considerable effects on your case’s outcome. Effective communication and cooperative co-parenting can demonstrate your willingness to put your child’s best interests first.

This can not only improve your relationship with your child but also lead to more favorable outcomes in a child custody case, especially in cases involving child abuse.

Keeping Accurate Records

Maintaining precise records marks another significant tactic for triumph in a fathers’ rights case. Detailed records of your involvement in your child’s life, financial contributions, and communication with your ex-partner can provide valuable evidence in court. These records can help substantiate your claims and demonstrate your commitment to your child’s well-being.

The journey towards securing fathers’ rights in family law can be daunting, filled with complex legal processes, potential bias, and emotional struggles. However, with the right legal representation, a strong relationship with your child, cooperation with your ex-partner, and accurate record-keeping, it is possible to overcome these challenges and achieve a favorable outcome. Fathers’ rights attorneys play a critical role in this process, providing invaluable guidance, advocating for fathers’ rights, and helping clients navigate the legal landscape to secure their parental rights.

Benson Varghese
Benson Varghese
Benson Varghese is the founder of Varghese Summersett PLLC. He has tried over 100 cases to juries in Texas. Benson is also a legal tech founder, a prolific writer, and a frequent speaker. He is regularly consulted on matters where there is an overlap between family law and criminal law.

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