Fathers' Rights in Plano, TX

What Factors Determine Child Custody in Texas?

During the divorce process or after the establishment of paternity, you and your child’s other parent may be able to work together to agree on a joint managing conservatorship. This plan should create a visitation schedule for both parents, determine the child’s primary residence, how the parents will share decision-making, and how to modify and enforce the order. 

This plan is subject to approval by the court after a review to make sure it meets the best interests of your child. 

If you and your child’s other parent cannot agree on a joint managing conservatorship agreement, a court hearing will be held to determine each parent’s responsibilities. 

The court will consider factors including:

• The physical, mental, and emotional needs of the child
• Each parent’s ability to care for the child, including previous involvement in their upbringing
• How close the parents live to each other and the effect that will have on the child’s routine
• Any history of domestic violence between the parents or toward the child

If the child is at least 12 years old, his or her preferences can be considered as well.

The court could decide to grant parents joint conservatorship, sole conservatorship to one parent, or, in cases of abuse or neglect, it may restrict a parent’s access to the child.

How to Protect Your Rights as a Father During Your Divorce

As a father, you may struggle against stereotypes when you get divorced. Mothers are typically seen as the parents who are primarily responsible for childcare and household responsibilities, and you may feel that you are not afforded the same consideration.

Even if you have taken an active role in caring for your children, you may worry that you will be portrayed as a “deadbeat dad” and denied the ability to continue to be closely involved in your children’s lives. During the divorce process, it is important to work with an attorney who can help protect your father’s rights.

Fathers’ Rights in Divorce Cases Under Texas Law

Texas law defines several 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 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. 

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 The Law Office of Brian Bagley for All Fathers’ Rights Issues

If you are a father looking for advice, guidance, or representation in a Texas divorce, child custody case, or paternity case, we strongly recommend that you call our office today. Turn to a Plano fathers’ rights lawyer who has an impressive track record of success in standing up for your rights and the best interests of your children. 

We serve Texans in Plano, Frisco, Allen, Collin County, Dallas County, Denton County, and Rockwall County.

Call (972) 843-7158 for legal help today.