Fathers often struggle against stereotypes when they get divorced. Mothers are typically seen as the parents who are primarily responsible for childcare and household responsibilities, and fathers may feel that they are not afforded the same consideration.
Even if a father has taken an active role in caring for his children, he may worry that he will be portrayed as a “deadbeat dad” and denied the ability to continue to be closely involved in his children’s lives. During the divorce process, it is important to work with an attorney who can help protect a father’s rights.
Fathers’ Rights in Texas Divorce Cases
Texas law defines a number of different rights and responsibilities that apply to parents. These include:
- The right to “physical possession” of a child, which is also known as visitation or physical custody, as well as the right to decide where a child lives
- The right to make decisions about a child’s education and their moral and religious training
- The duty to provide a child with care, protection, and discipline
- The duty to provide financial support for a child, including providing food, clothing, shelter, education, and medical care
The divorce laws in Texas are gender-neutral, meaning that they do not give preference to either mothers or fathers in matters related to child custody. Because of this, divorce cases should place parents on an equal standing, without the presumption that either parent should have primary legal or physical custody of their children. In fact, the law presumes that divorcing parents will be “joint managing conservators” of their children, meaning that they will equally share in decisions about how their children should be raised (commonly known as “legal custody”).
Even if one parent is named the sole managing conservator for a child, the other parent will have the right to share in physical possession of the child, unless the court determines that this would not be in the child’s best interests. Under a standard possession order in which parents live within 100 miles of each other, a noncustodial parent will be able to have physical possession of children every first, third, and fifth weekend of the month, on Thursday evenings every week, alternating major holidays, and for 30 days during summer vacation.
Contact Our Plano Fathers’ Rights Attorney
If you are a father who is getting divorced, you will usually be able to share legal and physical custody of your children, and if it is in your children’s best interests, you could even be granted sole or primary custody. By working with an attorney who can help you protect your father’s rights, you can reach an outcome to your case that will allow you to play a close and continuing role in your children’s lives, and you can ensure that they will be able to spend the time with you that they deserve. Contact a Collin County divorce lawyer at the Law Office of Brian Bagley by calling (972) 843-7158 and scheduling a free consultation today.
Sources:
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.151.htm
https://www.texasattorneygeneral.gov/sites/default/files/files/child-support/Publications/qa-ncp-handbook.pdf