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What to Know About Fathers’ Rights in Texas Divorce Cases

Posted on in Custody

TX child custody lawyerThe devastating reality of many family law and divorce cases is that mothers and fathers are not treated equally. This is a shocking realization for so many men who are loving fathers to their children. Even though fathers often play a pivotal role in raising their children, the court tends to view mothers as the more nurturing and essential piece of a typical parental dynamic. As a result, fathers getting divorced frequently worry that their rights will be tossed out the window as soon as divorce proceedings begin. The very rights that will decide so many important matters, including child custody, child support, and visitation.

If you are a father getting a divorce and are concerned about your rights, your concerns are indeed well-founded. However, to ensure your rights remain protected and that you are effectively advocated for during divorce proceedings, it is wise to consult with an experienced divorce attorney dedicated to protecting the rights and best interests of the father during this tumultuous time in your life.

What Legal Issues Affect Fathers' Rights?

In Texas, the law states that when it comes to issues relating to children, including which parent will obtain legal custody and visitation rights, the sex of the parent should not be a factor in any decisions. While the law may say that, things rarely play out that way. The law states that the primary consideration of any decisions should be whatever the child's best interests are. Therefore, mothers and fathers must be treated equally and judged solely on how qualified they are to provide for their child's necessities and interests.

During divorce proceedings, if a father is named as a sole managing conservator, joint conservator, or possessory conservator of his child, he will have the right to assured parental rights. These may include the right to receive info regarding his child's health and welfare, including the child's educational and medical records, the right to speak with their child's physician, attend any school activities, the right to be notified by their child's school of any emergencies, and also the right to make emergency medical treatment decisions for their child.

In addition, other issues affect many fathers when it comes to figuring out child custody, visitation, as well as other topics, including the following:

  • Paternity – When the parents of a child are unmarried, the father is not always considered to be the child's legal parent, regardless of whether the parties agree that the father is indeed the child's biological father. Therefore, additional steps may be required to establish paternity to protect your rights as a parent and ensure your child can receive benefits.
  • Visitation and custody for young children – In most standard possession orders, the father will be allotted the minimum amount of visitation time with his children. However, this standard possession order may not apply if the child is less than three years old. In these cases, the possession order can be adjusted per each parent's capacity to care for the child. The court will also consider the child's routine and the requisite that the child develops a healthy relationship which each parent.
  • Domestic abuse accusations – A protective order may be issued if the father has been accused of being physically, verbally, or sexually abusive to the child or a family member. Notably, fathers can defend themselves against such accusations if they provide evidence that shows they do not threaten their children. In addition, they can protect their rights through these actions as child custody determinations play out.

Contact a Dallas Fathers’ Rights Attorney

Just because you are a father getting divorced does not mean your parental rights should be tossed out the window. To defend your rights, contact the astute Fort Worth fathers' rights lawyers at Clark Law Group. Call 469-906-2266 today for a private consultation.

Source:

https://guides.sll.texas.gov/child-custody-and-support

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