If you’re getting divorced, then it’s wise to look for an experienced attorney. If you have children, you may be worried about how you will be able to play a role in their lives going forward. You may even have horror stories playing in your mind of fathers in legal dramas who are prevented from seeing their kids. However, as any father’s rights lawyer or divorce lawyer in Austin will tell you, film and television are not the same as the real world. At the Eggleston Law Firm, PC, in Austin, TX, we are committed to cutting through the misinformation and giving our clients the information they need.
What Are My Rights as a Father in a Texas Divorce?
Equal Rights Under Texas Law
Often fathers who consult us for legal advice fear that historical biases may come into play during divorce proceedings. While it’s true that in the past the courts tended to favor mothers as primary caregivers, modern Texas family law emphasizes the best interests of the child, irrespective of the parent’s gender. There is no reason why you as a father will not be able to be a meaningful part of your children’s lives.
Texas courts operate under the presumption that it is good for a child to have both their parents involved in their lives, even if those parents are no longer together. This is the case unless there are compelling reasons otherwise. This presumption of joint managing conservatorship (a legal term for custody) is designed to ensure that both parents have an equal opportunity to be a part of their children’s upbringing. Legally, fathers and mothers are treated equally when it comes to parental rights and responsibilities.
Right to Custody (Conservatorship)
Custody in Texas is referred to as “conservatorship,” and it is divided into two main categories, which are legal and physical custody. Texas courts prefer to grant a “joint managing conservatorship,” which means both parents share the responsibility of making decisions about their child or children child. The specifics of conservatorship will depend on a variety of factors, but most importantly, on what the court believes serves the best interests of the child.
Joint Managing Conservatorship (JMC)
This is the most common custody arrangement in Texas. Both parents share the right to make decisions about the child’s upbringing, including decisions about education, healthcare, and religious practices. Joint conservatorship does not always mean equal physical custody, that is, equal time with the child. One parent may still be designated the primary conservator, meaning the child lives with them most of the time.
Sole Managing Conservatorship (SMC)
In some cases, the court may grant one parent sole managing conservatorship. This is a less common arrangement and happens in situations where it is deemed that one of the parents should not have decision-making authority over their child. This may happen when there’s been family violence, substance abuse, or there are other factors at work in the life and decision-making history of a parent that show he or she could be harmful to the child. If a father or mother seeks sole conservatorship, they must provide clear evidence that the other parent is unfit.
Texas law focuses on the child’s needs, considering factors like each parent’s ability to provide for the child, maintain a stable home environment, and promote the child’s emotional and physical well-being.
Right to Parenting Time (Visitation)
While conservatorship determines who makes decisions about the child, possession and access (commonly referred to as visitation) determine the time a parent spends with their child. Texas law includes a standard possession order (SPO), which outlines a typical visitation schedule. This usually means the noncustodial parent (often the father) has visitation rights on the first, third, and fifth weekends of each month, as well as certain holidays and extended summer periods.
However, the SPO is just a starting point. Parents can agree to a different schedule if it better suits their needs and the child’s best interests, and the courts also have the flexibility to deviate from the standard possession order if the circumstances require it. There is no reason why fathers cannot have more time with their children than the typical visitation schedule covers, and we can negotiate for an expanded visitation schedule by showing how this arrangement will benefit your child.
Texas courts look favorably on fathers who want to be an active and supportive part of their child’s life. Being able to demonstrate the ways in which you are involved in their child’s life, whether by attending school functions, taking them to medical appointments, or other activities, will give you a stronger case for increased visitation time.
Right to Child Support
Even you are granted a joint managing conservatorship, you may still be required to pay child support if the child lives primarily with the other parent. If your child lives with each parent 50% of the time, often neither parent is required to pay child support. Child support is determined based on a percentage of the noncustodial parent’s income, with guidelines set by Texas law.
It is important to note that child support orders are not optional. They are enforceable by the courts, and failure to comply can result in serious consequences, including wage garnishment, liens on property, and even jail time. If you experience a significant change in circumstances, such as job loss or a reduction in income, it’s important to seek a modification of the child support order rather than simply stopping payments.
Right to Paternity and Parental Rights
If you were married to your child’s mother at the time of birth, you are automatically considered to be the legal parent. However, if you were not married, you will need to establish paternity to assert your parental rights. You can establish paternity either by signing an Acknowledgment of Paternity or through a court order.
Establishing paternity is crucial for fathers who want to protect their rights in a divorce or separation. Without legal paternity, you will have no rights to custody, visitation, or any kind of decision-making authority. Conversely, once paternity is established, you are also responsible for supporting the child financially, including child support obligations.
Looking for a Fathers’ Rights Lawyer? Consult a Divorce Lawyer in Austin
The most important step to protecting your rights as a father is to hire an experienced family lawyer. Not only can we help you negotiate with your child’s other parent to reach a fair and equitable parenting arrangement, but we can also help advise you on the evidence you will need to show to a court if the situation cannot be resolved otherwise. Keep doing as much as you can to support your children and be a part of their lives. Divorce is often a stressful time, but you can reassure your kids that you love them and will continue to be there for them, and the courts will look favorably on involved parents when they seek custody rights.
Mothers and fathers in Texas start on an equal footing under the law when it comes to parental rights, and a skilled lawyer can make sure that your right to raise your children is protected. Get in touch with us at the Eggleston Law Firm, PC, in Austin, TX to book an initial consultation.
