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Understanding Some Legalities About Custody and Father’s Rights In Texas?
When divorcing in Texas, fathers often feel like the underdog if they’re trying to gain primary custody of their child. Traditionally, the father may think that the mother always has the upper hand; this is no longer necessarily the case.
However, navigating the legal complexities of the Texas legal system, especially involving custody, is highly challenging, and the wisest move to make is to get the best, most passionate professional help you can.
Suppose you are a father in Texas and determined to secure primary custody. In that case, you must have a family lawyer who fully understands this legal landscape, is experienced in dealing with the father’s rights, and effectively implements effective strategies.
In today’s Texas legal landscape, the state attempts to distinguish itself with a fair and balanced approach to child custody. The state’s courts are guided by the paramount principle of what’s in the “best interest of the child.” Following this standard ensures that neither parent is given preferential treatment based on gender but on their commitment and involvement in their child’s life.
Texas judges and courts will meticulously evaluate many factors to identify the custody arrangement that will benefit the child’s well-being and general quality of life and development.
The good news is that with the proper, professional, and experienced guidance, most fathers now have an equal chance to have primary custody of their children and to take advantage of this substantial shift in Texas custody laws.
In almost all divorce cases, the Texas courts increasingly acknowledge a father’s pivotal role in their children’s lives. But be aware; your family lawyer must be mindful of this new direction and fully and effectively comprehend it so they can effectively draft a winning strategy for your case; so, the choice of your lawyer matters!
What Are Some Criteria That Would Help Me Get Primary Custody of My Child?
Now that the Texas courts are more open to viewing the case through the eyes of a father, it’s more evident that the paramount concern in any child custody decision is the child’s best interest.
So, although it may be optimal that both parents stay their child’s life, some circumstances necessitate granting one parent full custody.
What you must note is that if you’re a father attempting to gain primary custody and successfully navigate this challenging legal terrain, you must dispel the usual myths about a father’s perceived role in their child’s life.
Just some of the scenarios where the Texas courts may consider granting primary or sole custody to the father are:
- If there is domestic violence in the home – Any domestic violence, including by the mother, poses severe risks to the child.
- Forms of child abuse or neglect – If either parent (including the mother) fails to meet their child’s basic needs or subjects them to harm.
- Substance abuse in the home – Addiction issues that impair safe and effective parenting.
- Absence of a parent – Any significant lack of involvement in the child’s life.
- Criminal behavior – This type of conduct jeopardizes the child’s safety.
These are only a few issues in which the court almost demands that one parent have primary or sole custody of the child. This fact also highlights the court’s commitment to protecting children at all costs.
What Legal Strategies My Lawyer May Use For My Custody Case?
If you, as a father, want to have primary (or sole) custody of your child, you must obtain the counsel of an experienced father’s rights lawyer. Your lawyer must have robust knowledge and specific experience handling father’s cases.
Additionally, your lawyer must understand the legal landscape and have experience with local courts and judges. This depth of knowledge will be invaluable when tailoring strategies that resonate with the nuances of local family law and its practices.
For example, Texas law provides that both parents equally have the right to:
- Determine where their child will live.
- Hold physical possession of their child.
- They should be involved in making all the significant decisions about their child’s education, medical care, religious upbringing, and more.
However, even though both parents have mandated rights under the law, married (and unmarried) men often encounter legal issues asserting their rights as fathers.
Let’s suppose you are an unmarried father. Can you still have primary custody of your child? This does make the issue more difficult but doable, as under Texas law, the husband is considered the legal father when the couple is married and has a child.
However, even if you are unmarried, fathers still have the right to legal guidance from experienced father’s rights lawyers, who can navigate the legal system to advocate for their client’s rights and protect their relationships with their children.
In these cases, whether married or unmarried, understanding the legal framework, having the right lawyer, drafting legally sound strategies, and utilizing all available resources are all critical steps that will significantly impact the outcome of a father’s custody case.
In all successful legal father’s custody cases, your lawyer will document your involvement in your child’s life. The evidence must be thorough, effective, and provable to the court.
For example, one strategy might include preparing a detailed parenting plan highlighting the father’s current active role in their child’s education and extracurricular activities. It also may document that he provides continuous and loving emotional and financial support.
Is Establishing Paternity Important In Getting Primary Custody of My Child in Texas?
Establishing paternity (if it is in question) is a vital part of any child custody case, especially if you are not married to the mother of your child. In Texas, the presumption is made that a man is the father of a child; this is referred to as the presumption of paternity.
When a man qualifies as the presumed father, he automatically receives a parent’s legal rights.
But, in many cases, paternity is not always legally clear.
For example, paternity is presumed when a child is born to a married couple or less than 301 days after the marriage ends.
However, let’s say the child is born before the marriage; then the presumption of paternity applies if the father:
- Voluntarily declared his paternity and filed with the Texas Bureau of Vital Statistics.
- Is named as the father on a formal birth certificate of the child.
- Or declares in writing that he promises to take on the responsibilities of the child as his own.
If the couple never married, paternity may still be presumed when the father:
- Has resided in the same household with the child continuously during the child’s first two years of life.
- And willfully expressed the child as his own to others.
It’s critical to note that a formal paternity test or an Acknowledgement of Paternity (AOP) form may be necessary if paternity is not presumed.
So, if you’re a father who wants primary custody of his child, but your paternity is in question, your skilled, knowledgeable, and passionate family lawyer must prove paternity before the final custody decision can be legally determined.
I’m a Father Who Wants Primary Custody of My Child; How Should I Proceed?
Protecting your legal rights as a father is critical. This is especially valid regarding matters of primary custody of your child. First, understand that although the Texas courts hold evolving thoughts on this matter, you must start the process by scheduling an initial consultation with a highly experienced, passionate, and thorough father’s rights lawyer.
The Aberdeen Law Firm is well-versed and deeply experienced in all aspects of father’s rights matters. They will work tirelessly to guide you through the intricacies of the legal system and ensure that your rights as a father are fully protected.
Call them today at 713-597-6435 for a free consultation on your case. Our empathetic, knowledgeable, and professional father’s rights lawyer will analyze your case and provide the best legal strategies available.
