If you’re a father involved in custody, visitation or child support matters in Texas, understanding fathers’ rights is key. Texas law now recognizes fathers have equal rights and responsibilities as mothers. An experienced Friendswood family law attorney can help you know what you’re entitled to under Texas law.
This guide will cover fathers’ rights in Texas, emphasizing the importance of understanding and asserting these rights in the evolving landscape of family law.
Legal Definition and Establishing Paternity
Paternity
In Texas, paternity is the legal acknowledgment of a man as the father of a child. This is important to assert parental rights and responsibilities. A man can be presumed the father if he was married to the mother at the time of the child’s birth or within 301 days of the marriage ending.
For unmarried fathers, establishing paternity requires additional steps to get legal recognition. The acknowledgment of paternity (AOP) involves both the child’s mother and the biological father, underscoring legal responsibilities and parental rights established under Texas law.
How to Establish Paternity
Unmarried fathers must take specific steps to establish paternity. Unmarried fathers do not automatically have the same rights as mothers and must assert legal fatherhood to avoid losing rights to custody and visitation.
One way is the voluntary acknowledgment of paternity where the father signs an Acknowledgment of Paternity (AOP) form which must be signed by both parents and filed with the Texas Bureau of Vital Statistics.
Another way is to have the father’s name on the child’s birth certificate with a written promise to take on parental responsibilities. If these steps are not possible a paternity test can be done to prove biological fatherhood. This test, usually a simple cheek swab, is often court ordered to confirm paternity.
Fathers’ Rights Under Texas Law
Parental Rights
In Texas, fathers have the same legal rights as mothers to the care, custody and welfare of their children. Fathers’ rights include access to the child’s medical, dental, psychological and educational records. Fathers are entitled to be involved in the big decisions of their child’s life so they can be an active and equal parent in their child’s upbringing. A father’s participation is crucial for the child’s well-being and is a central consideration in custody decisions.
Conservatorship (Custody)
Conservatorship, also known as custody, does not automatically favor one parent. Texas courts want to have arrangements that allow for frequent and continuing contact with both parents. Fathers can be appointed as sole managing conservator or joint managing conservator. Joint managing conservatorship is common where both parents share decision making responsibilities about the child’s education, medical care and overall upbringing. Joint custody is a preferred arrangement in Texas family courts, where parents share equal custody of their children, including alternating holidays and sharing responsibilities equally.
Possession and Access
Fathers’ rights have specificities about possession of and access to their children. Standard Possession Orders (SPO) and Expanded Standard Possession Orders (ESPO) outline the visitation schedule. Usually these schedules include weekends, certain holidays and parts of summer vacations.
For noncustodial fathers living within 100 miles of the child, visitation might be the 1st, 3rd and 5th weekends of the month, Thursday evenings and extended time in the summer. For those living over 100 miles away, the schedule might be one weekend a month and extended time during school breaks. Even if a parent does not have primary or joint custody, they still retain certain rights regarding visitation and preventing parental alienation.
Child Support
Fathers have the right and the obligation to financially support their children. Child support is calculated based on a percentage of the father’s income and the number of children being supported. This support ensures the child’s needs are met regardless of who has primary custody.
Decision Making
When designated as a joint managing conservator, a father has the right to be involved in the big decisions of the child’s health, education and welfare. Joint decision making ensures both parents are involved in the child’s upbringing.
Modifying Orders
Fathers can request to modify custody, support or visitation if there are material and substantial changes in circumstances. This allows for changes to benefit the child and accommodate the changing needs of both parents and children.
Protection from Discrimination
Texas Family Code states that parental rights shall not be based on gender. Fathers are entitled to the same consideration as mothers in all aspects of parenting and custody. This gender neutral approach means custody and visitation decisions are made in the best interest of the child not based on outdated stereotypes.
Legal Processes and Fathers’ Rights Enforcement
Filing for Custody
Fathers in Texas must file a Suit Affecting the Parent-Child Relationship (SAPCR) with the court. This legal action starts the process of establishing or modifying custody, visitation and support. The father must show that the requested custody arrangement is in the best interest of the child. Legal representation can help the father present a stronger case.
Establishing Legal Custody
Establishing legal custody means proving the father can make the big decisions of the child’s life. This includes decisions about education, healthcare and religious upbringing. Fathers must show their active involvement and commitment to the child’s well-being. The court evaluates each parent’s role and capability to make these decisions, often preferring joint managing conservatorship so both parents are involved.
Enforcing Visitation
Fathers’ rights also enforce the visitation schedule as ordered. If the mother interferes with visitation the father can file a motion to enforce the order with the court. Documentation of missed visitations and any attempts to resolve the issue amicably can help the father’s case. The court can impose penalties on the interfering parent and force compliance with the visitation order.
Modifying Custody and Support Orders
Material changes in circumstances may require modifying existing custody or support orders. Fathers can petition the court for changes if there are substantial changes in their or the child’s situation. This can include changes in income, relocation or changes in the child’s needs. The court will review the new circumstances to determine if a modification is needed to benefit the child.
Parental Alienation
Parental alienation is when one parent tries to undermine the child’s relationship with the other parent. Fathers experiencing alienation should document the incidents and seek legal action. The court can order measures to prevent further alienation and ensure the father has a meaningful relationship with the child. Counseling and mediation may also be ordered to address the underlying issues.
Compliance with Court Orders
Fathers have the right to enforce all court orders related to custody, visitation and support. If the other parent fails to comply with these orders fathers can file for enforcement. The court can hold the non-compliant parent in contempt which can result in fines, changes in custody or other penalties. Consistent enforcement means the other parent will know to comply with the legal agreements and protect fathers’ rights.
Talk with an Experienced Friendswood Family Law Lawyer Today!
Navigating the legal processes involved in custody and rights enforcement can be complex. Fathers are encouraged to seek assistance from experienced family law attorneys who specialize in fathers’ rights.
At Hannah Law, our attorneys can ensure that fathers’ interests are effectively advocated. Contact us at 281-262-1311 for a free case consultation today!