While mothers are traditionally more likely to obtain “custody” of children during a divorce in Texas, fathers have significant rights when it comes to their children. Custody is not the only right issue in a divorce. Visitation, input into decisions regarding schooling, residence location, health care, and other issues related to child-rearing also come into play when determining a parent’s rights regarding their children.
Texas Law Protects The Rights Of Both Parents In A Divorce
While the mother is traditionally most likely to be awarded custody of any children in a divorce, Texas law specifically provides that both parents retain parental rights. The only requirement to obtain parental rights is to be found the legal parent of a child – no marriage necessary. Marriage makes it easier sometimes, as a man is presumed to be the father of a child born during his marriage to the child’s mother, shortly after, or shortly before. However, so long as there is no paternity dispute (i.e., two possible fathers), the question is easily resolved in most cases without DNA testing or other court-ordered inquiries.
Being the father of children in a divorce brings with it the right to seek custody of those children. Even if a suit for “full custody” by a father is not successful, the father of children in a divorce does not sacrifice the rights to be involved in these children’s lives or to participate in decisions affecting them after the divorce is final. If the parties cannot reach agreements, ultimately the Texas divorce court will decide what rights and duties each parent will have and how extensive are those rights and duties. But a father nonetheless retains parental rights.
For example, both parents generally have the right to make or participate in decisions regarding their children’s care and the Texas Family Code encourages the participation of both parents in the children’s lives. In all court decisions regarding parental rights and participation in a child’s life, the best interests of the child are the governing factor.
That participation includes making decisions regarding the children’s education, religious education, and health care. The father has a right to input regarding where the children go to school, the doctors they see, and where or whether they go to church during the father’s periods of possession. Other rights include access to educational and medical records of the children, although that access can be limited by legal requirements. This doesn’t mean the father gets to decide those issues on his own; it means he has the right to significant input. Obviously, and most importantly for many fathers, fathers retain the right to visitation under most circumstances.
Frequently Asked Questions About Father’s Rights In Texas
What are father’s rights in Texas?
Fathers in Texas have the same legal rights as mothers when it comes to child custody, visitation, and decision-making for the child’s well-being. Texas law recognizes the importance of both parents being involved in raising their children.
How can a father establish paternity in Texas?
Paternity can be established voluntarily by signing an Acknowledgment of Paternity (AOP) form, which is usually available at the hospital when the child is born. If there is a dispute, a father can petition the court for a paternity test, which involves a DNA sample from both the father and the child.
What is conservatorship in Texas?
Conservatorship is Texas’s legal term for custody. Fathers can seek either joint managing conservatorship, where both parents share rights and responsibilities, or sole managing conservatorship, where the father is the primary decision-maker and caretaker.
Do Texas courts favor mothers in custody cases?
No, Texas courts do not automatically favor mothers in custody cases. The court considers the best interests of the child, including the relationship with each parent, stability, and the child’s needs.
Can a father seek visitation rights if he is not the custodial parent?
Yes, fathers can seek visitation rights even if they are not the custodial parent. Visitation arrangements are determined based on the best interests of the child and the father’s involvement in the child’s life.
What is a parenting plan, and how does it work?
A parenting plan is a detailed agreement between parents that outlines custody, visitation, and decision-making responsibilities. It is created with the help of counselors, mediators, and attorneys to ensure it meets the child’s best interests.
Can a father modify custody or visitation orders in Texas?
Yes, custody and visitation orders can be modified if there is a significant change in circumstances, such as a change in the child’s needs or the parent’s situation. The court will review the case to determine if a modification is warranted.
What if the mother moves to another state with the child?
If the mother moves to another state with the child, the father can seek legal assistance to enforce custody and visitation orders. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps establish jurisdiction in interstate custody disputes.
Are fathers entitled to child support if they have custody?
Yes, fathers who have custody of their children are entitled to child support from the non-custodial parent. Child support is determined based on the child’s needs and the parents’ financial situations.
What resources are available for fathers navigating custody issues?
Fathers can seek assistance from family law attorneys, mediation services, and legal aid organizations to navigate custody issues and protect their right
Consult Our Father’s Rights Lawyers In Texas
Divorce is hard, and harder with children involved. If you are a father fighting for your right to be involved in your child’s life, you need to talk to the Dallas fathers’ rights lawyers of Orsinger, Nelson, Downing, and Anderson LLP can provide that help. You can reach us at (214) 273-2400.
The Texas divorce attorneys at Orsinger, Nelson, Downing, and Anderson LLP have offices in Frisco, Dallas, and San Antonio. We’re here to help, and we have the experience and knowledge to do so.
(Updated 1/28/2025)