Discovering Father's Rights in Texas - How Attorneys Can Help Protect Your Parental Rights

The courts actively strive to involve both parents in a child’s life and ensure that decisions are made to serve a child’s best interests.

A man who has established legal paternity can seek custody and visitation rights. He can also be legally responsible for child support payments.

Establishing Legal Paternity

In most states, mothers have a presumption of custody when it comes to children born from unmarried mother-father relationships. However, fathers have parental rights and can petition for custody or visitation with a child if they are legally determined to be the biological father of that child.

To prove paternity, parents can ask a laboratory to perform a genetic test or sign a voluntary admission of fatherhood. In many cases, a father’s name may already be on the birth certificate. Still, in other situations, he must be legally established as the child’s biological father before any requests for legal or physical custody or visitation can be made.

A determination of paternity can have several benefits for a family. It may allow a father to receive child support, as well as Social Security or Veteran’s benefits on behalf of the child in the event of his death or disability. It also provides doctors access to the child’s complete medical history for treatment and preventive care.

In addition, determining paternity allows both parents to share in the decision-making for their child. Both parents need to understand their rights and responsibilities when it comes to parenting. Working with experienced attorneys for fathers rights in Texas can help ensure that the child’s best interests are always considered.

Obtaining Custody or Visitation Rights

Once a father establishes paternity, he may be entitled to several parental rights. These include visitation and a say in decisions regarding the child’s welfare. Courts consider both parents’ ability to care for the child and how the child will best thrive under each parent’s custody arrangement.

Mothers have historically been more likely to obtain custody of a child during a divorce. However, in modern times, courts have shifted the focus to equal rights and responsibilities for both mothers and fathers. Children need both parents to help them develop emotionally, socially, and cognitively. When both parents are involved, children do better in school, have healthier relationships with their friends and siblings, and stay away from risky behaviors such as drug use and delinquency.

The courts also consider the stability of each parent’s home environment and work schedules to create a custody or visitation plan that aligns with the child’s school and extracurricular activities. The courts will not allow either parent to keep the other parent from seeing their children unless there is a threat to their safety and well-being.

Noncustodial parents have the right to visit with their children on weekends and after school, if that time does not interfere with the custodial parent’s obligations. Noncustodial parents need to make the most of these visitation opportunities because if they do not, the judge will be less inclined to give them more time with their kids in the future.

Creating a Parenting Plan

Whether you are married or unmarried, you must have a parenting plan. Parenting plans specify how parents share legal and physical custody of their children. They also establish a schedule for visiting their children. Ultimately, a parenting plan will help reduce conflict between you and your co-parent during and after a divorce or separation.

When creating a parenting plan, thinking about every aspect of your child’s life is essential. This will include the decision-making process, a schedule for spending time with your children, and how you will handle holidays and special occasions. A clear, detailed parenting plan can save you time and money in the long run.

In Texas, primary residential custody of the kid is assumed to belong to one parent, while visitation rights are granted to the other parent. However, it is possible to change this presumption by proving that joint physical custody is in the child’s best interests.

Once you and your co-parent have agreed upon a parenting plan, it must be approved by the court before it becomes a legally binding document. Depending on your state and county, this may involve reviewing and filing various forms. A judge will then hold a hearing to review your parenting plan. If either party violates any terms of the agreement, they can be held liable for any financial or emotional damages that occur.

Keeping Records

A father has a right to have physical custody of his children, allowing him valuable bonding time and the opportunity to nurture the parent-child relationship. He also must provide financial support for his child. A court may issue a custody or visitation order that allows him to have this time. In some cases, however, it is appropriate for a mother to have full physical custody of her child while granting a father visitation rights or shared custody.

Custody and visitation rights are only one part of parental rights, though. Fathers have a right to input into decisions that affect their child’s well-being, including schooling, residence location, health care, and other issues. In the past, mothers were more likely to receive custody of children during a divorce, but now courts recognize the vital role that fathers play in their children’s lives.

If you are the father of a child, it is essential to establish your parental rights as soon as possible. Waiting to do so could mean that you cannot spend time with your child or be involved in any legal proceedings regarding your child. You can better understand your rights and fight to defend them with an attorney skilled in defending the rights of single fathers.