Children need their fathers, and being a good father is one of the most meaningful things you can do in life. If you are a father in the Conroe area and your parental rights are being threatened, enlist the help of an experienced Conroe fathers’ rights lawyer to help you fight for your relationship with your child.
At the Walke-Wilson Firm, we understand the impact of family law matters on our clients’ lives. When people come to our office in The Woodlands, our team makes sure they feel respected, heard, and supported. We can help you understand your situation, navigate the legal system, and protect your rights along the way. As a small family law firm, we are in the business of helping families flourish.
In Texas, fathers have the same rights as mothers regarding their children. According to Chapter 153 of the Texas Family Code, a court cannot discriminate on the basis of gender when determining who will have custody of children. This applies to both conservatorship and physical possession. It also applies regardless of your present or past marital status.
As a father, you have the right to see your child, make parenting decisions, and petition for partial custody. In Texas, there are two major aspects to child custody: conservatorship and possession. Conservatorship refers to who makes decisions for and about the child. Possession refers to where the child physically lives and how much time they spend with each parent.
Sometimes, when a father wants a relationship with his child, the paternity of that child is called into question. Establishing paternity is an important first step before pursuing parental rights. In Texas, a man is assumed to be the father of a child if he was married to the mother at the time the child was born or at any point in the 300 days preceding the child’s birth.
Paternity is also presumed if a man and the mother get married after the child is born, and the man claims paternity by putting his name on the child’s birth certificate. In the absence of a marriage, a father can sign a form acknowledging paternity and file it with the state. Both parents must agree on paternity to complete this form.
If the paternity is contested, a DNA test can be used to resolve the dispute.
Because fathers and mothers have equal parental rights under the law, fathers have as much right to seek custody of their children as mothers do. In legal decision-making matters, Texas courts favor joint managing conservatorship when making custody arrangements. In a joint managing conservatorship, both parents have the legal authority to make decisions about a child’s education, religious upbringing, medical treatment, and other important aspects of the child’s life.
If there is a reason a parent is unfit for a joint conservatorship, the court may award sole conservatorship to one parent. This kind of arrangement gives one parent the final say in the decisions, but it does not necessarily mean that the other parent does not see the child. Under Texas law, conservatorship and possession are different aspects of child custody.
Physical possession of a child can be awarded to only one parent or shared, depending on the specifics of the case. As with conservatorships, courts default to the most equitable arrangement possible, but one parent typically has primary physical possession of the child. The parents share possession according to a court-ordered schedule.
Despite the equality of the genders before the law, it remains true that mothers often win primary custody of their children. Almost 80% of custodial parents are mothers. Although the legal system is set up to minimize discrimination, gender-based bias could still play a role.
If you are a father trying to establish or defend legal parental rights, it is always a good idea to hire a fathers’ rights lawyer. An attorney can complete a thorough review of your case, help you prepare any documents you need in Conroe, and even represent you in the courtroom if need be.
Yes, some fathers are custodial parents. Some fathers even have sole managing conservatorships for their children and have the final say in any parenting decisions. The most common situation is shared custody, but courts usually rule that an established, legally protected relationship with a father is in a child’s best interests.
The cost for a custody lawyer in Texas varies widely depending on the complexity and specifics of the case. Most custody lawyers require a fee to establish their services, called a retainer, while some bill hourly or have flat fees for services. It is wise to consult with the attorney you wish to hire to discuss fees.
No, a mother typically cannot keep a child from their father without a court order. There are some circumstances where such action might be justified, though. If the mother legitimately suspects abuse or neglect by the father, the court may find that she did nothing wrong in withholding contact, but in the absence of these concerns, fathers have the right to see their children.
The amount a non-custodial parent pays in child support in Texas depends on the parent’s income and other obligations and is calculated using a standard formula. Parents with one child are obligated to pay about 20% of their after-tax resources. This amount increases for each child, but is generally capped at 40%.
If you are a father fighting to establish or keep parental rights in Conroe or the surrounding area, the Walke-Wilson Firm is ready to help you every step of the way. With our extensive experience and knowledge of fathers’ rights laws, we are committed to helping families achieve peace and stability. Take the first step; contact us today for a consultation.