What Rights Do Fathers Have in Texas Custody Battles?

As a father of minor children, advocating for your rights in a custody dispute can be challenging. Under Texas law, both parents have equal rights, but what does that mean? We’ll explain these rights in greater detail, but consulting with a Houston family lawyer with experience handling these cases can provide greater understanding of the challenges fathers face in a custody battle.

Understanding a Father’s Rights in Texas Custody Cases

How Does Texas Law Define Paternity?

The first step for any father in a custody dispute is ensuring they meet the legal definition of paternity under Texas law. Without established paternity, the father doesn’t have the legal standing to apply for parental rights in court. In certain situations where a ‘presumption of paternity’ applies, a father will obtain his legal rights automatically. Texas Family Code denotes the specific qualifications for presumed paternity.

Paternity is automatically assumed if the child was born to married parents or born less than 301 days after the end of a marriage. If the child was born before the parents married, paternity can still be presumed if the father:

• Is officially named on the child’s birth certificate
• Willingly states his paternity of the child
• Files a record of his paternity with the Texas Bureau of Vital Statistics
• Promises in writing to take full responsibility for the child

Unmarried Parents

Many custody battles occur between two parents who aren’t and have never been married to each other. Presumption of paternity may still apply if the father:

• Has lived in the child’s household continuously from birth to age two
• Has stated and claimed the child as their own

If presumed paternity doesn’t apply, a father can still establish legal rights to their child. One method is a court-ordered DNA test that will determine paternity. Another is an Acknowledgement of Paternity (AOP) form, which requires voluntary signatures from the child’s father and mother. Once the form has both signatures, it must be filed with the Texas Vital Statistic Unit.

What Types of Rights Does a Father Have in Texas?

In Texas, the courts do not factor in a parent’s gender when determining the scope of their legal rights towards their child. Essentially, this means that both mother and father have the same parental rights and duties towards the child, including:

• The right to have physical custody
• The choice of primary residence
• Medical, educational, and religious decisions
• The responsibility of being a caregiver

Physical Custody or Conservatorship

Texas family courts don’t use the term ‘custody’ but rather ‘conservatorship.’ The court doesn’t automatically give custody to one parent or the other. In every case, the court’s primary consideration is the child’s best interest, with the ideal setup giving both parents custody, known as joint managing conservators. In a situation with joint conservators, the child will have ongoing and frequent contact with both the father and the mother.

Sole Managing Conservatorship

In certain cases, a joint conservatorship might not be the right choice for the child. If so, the court can appoint one parent as the sole managing conservator of the child, giving them the majority of rights. In these cases, the other parent would become a possessory conservator. They will still maintain some parental rights, but the sole conservator would have physical custody (at least 51% of the time) at their primary residence. They’d also make all major decisions regarding the child’s education, medical needs, etc.

The Texas courts may consider appointing a sole conservator if one parent isn’t fit to provide care or if they’re under allegations of:

• Child neglect or abuse
• Substance use disorder or alcoholism
• Domestic violence
• Absentee parenting or abandonment

Access and Possession (Visitation)

As a father, you also have the right to visit and spend time with your child. The Texas courts have two different terms for visitation: access and possession. Access refers to non-physical interactions with the child, such as through phone, text, or video. Possession is when you can spend time with your child in person and decide where you go and what activities you do.

As a father, you can obtain the parental rights to spend time with your child by creating a mutual agreement with the child’s mother regarding a visitation schedule. In cases where it’s not possible for both parents to agree on a schedule, the court may enact an alternative arrangement known as a standard possession order.

Standard Possession Order (SPO)

A standard possession order, or SPO, is a guideline set forth by the court that outlines each parent’s time schedule for the minor child. This order is set in cases where one parent is the sole conservator and the other is a possessory conservator. The most common arrangement consists of the noncustodial parent getting time with the child:

• Every Thursday night for a few hours
• On alternating holidays
• At least one summer month
• On the first, third, and fifth weekend of every month

It’s important to note that the Texas courts have the legal right to ignore an existing SPO if they deem it’s not in the best interest of the child. In addition, there are certain cases where an SPO may not apply, such as in cases where the child is under the age of three. In the event of significant changes, the father can request to change the terms of their existing visitation, support, or custody order.

How a Houston Family Lawyer Can Help Your Texas Child Custody Case

Here at C.E. Schmidt & Associates, PLLC, we’ve provided skilled legal counsel to fathers seeking an experienced Houston family lawyer to handle their child custody case. We know that sometimes it might feel like being a father puts you at a disadvantage in a custody battle, but this is no longer the case. Our team will fight hard to advocate on your behalf and pursue all the legal parental rights due to you as a father.

Provide Skilled Legal Assistance on Your Behalf

You don’t have to go through a child custody dispute on your own. Our team can provide invaluable services and help you fully understand your rights and obligations as a father. We can help you advocate for your legal rights under Texas law while ensuring that the best interest of your child is served.

Prepare You for Court Hearings or Negotiations

Court can be a nerve-wracking experience, particularly when there’s such an important issue like child custody on the line. Whether it’s an in-court hearing, a negotiation, or a mediation session, you need to be completely prepared and have the strongest case possible to achieve your goals. Our attorneys can properly prepare you for these important events and provide the support and guidance you need to navigate the process.

In a Texas child custody case, the law is completely objective and doesn’t take into account either parent’s gender when it comes to establishing rights. Texas law states that a father is entitled to the same rights of custody, visitation, and caregiving as the mother, but nothing is guaranteed. Look to the dedicated team of family law attorneys here at C.E. Schmidt & Associates, PLLC, to be your strongest advocate in this critical situation. Call C.E. Schmidt & Associates now at (346) 385-3857 in Houston, TX, to schedule your consultation with our team.