Fathers often wonder what rights they have in a custody case. In the past, it was common for courts to favor mothers over fathers in a custody case.

However, this has changed. In child custody cases, judges now consider gender neutrality. They evaluate each situation according to its unique circumstances.

Child Support

While mothers are traditionally more likely to obtain custody of children during a divorce, fathers have significant rights regarding parenting time and input into decisions regarding the child’s education, residence location, and health care. Knowing what rights does a father have in Texas is essential. If you’re a Texas father, understanding how these issues are handled can help you protect your parental rights and that you play an active role in your child’s life.

In a custody case, the judge will determine what arrangements are in the child’s best interests. This includes whether joint or sole custody is appropriate. The judge will also consider the parents’ history, including any criminal record or substance abuse. A judge will examine the financial resources of both parents and their ability to provide for their child. This can include income, assets, and liabilities.

A judge will also establish a child support order. This is typically based on the minimum wage for a 40-hour work week. However, if the noncustodial parent has extenuating circumstances, the judge may choose to establish a different amount.

A judge will generally grant generous visitation rights to both parents. In addition, a judge may permit supervised visitation for some situations. If you seek custody or visitation time with your child, consult an experienced lawyer to protect your rights.

Establishing Paternity

Historically, courts presumed mothers were the best parents in a child custody case. They awarded them full custody; today, Texas laws and judges must make gender-neutral decisions. This allows both parents to have meaningful connections with their children, regardless of whether a mother or father wants primary or joint custody.

The first step to getting those connections is establishing paternity. While this may seem simple enough, it can be highly complex. If a man suspects he is a child’s father but has not established paternity, he can register with the Putative Father Registry. This allows him to receive notice of any adoption petitions or proceedings involving the child.

Paternity is essential in many ways. It can allow a child to form emotional bonds with both parents and gives the father legal rights in the child’s life, such as the right to provide financial support. It also gives the child access to medical insurance, Social Security, disability, and veterans’ payments. It also provides doctors with the child’s complete family medical history, which can help identify potential health issues.

Regardless of a parent’s wishes for a custody arrangement, the court will only consider what is in the child’s best interests. For most, that will mean a strong relationship with both parents.

Child Custody

When parents divorce, they can choose to share legal custody of their children, or one parent may have sole legal custody. When a court decides on a child custody arrangement, it considers what is in the children’s best interests. The judge does not consider gender. Courts now look at all circumstances surrounding a situation, including each parent’s financial responsibility, if either parent has a history of violence or abuse, the personal history of both parents and their ability to care for the children.

Traditionally, mothers were often given primary custody of the children in a family, but this is not the case anymore. Fathers are now awarded primary custody of their children just as frequently as mothers. However, the man must establish paternity to establish parental rights as a father.

Once a court establishes paternity, the next step is determining which parent should have physical custody of the child. The court will also determine the noncustodial parent’s visitation rights with the child. In the past, some states were considered “mothers’ or ‘fathers’ states.” However, today, courts consider all factors when deciding parenting time and custody arrangements. Contact a lawyer for more information on how these changes impact your situation.

Visitation

Fathers in Texas have the right to spend time with their children and have input into decisions concerning education, residence location, health care, and moral and religious training. Although mothers historically tended to receive custody of children in divorce, the law has changed, and judges now consider both parents equally when making child custody decisions.

Courts typically prefer joint custody arrangements where parents spend significant time with the children weekly. However, if the judge determines that joint custody is not in the best interests of the child, they will then assign one parent primary custodian status. In this scenario, the mother may prevent the child from spending time with her father or force a biased decision in the child’s favor. This is known as parental alienation, and a father must assert his rights to establish and maintain a healthy parent-child relationship.

If the mother of your child tries to prevent you from having quality time with your son or daughter, contact a lawyer immediately for assistance. A qualified lawyer will review your situation and help you understand the available legal options. The lawyer will explain the best interests of the child standard that judges use to make their decisions, including the rights and responsibilities of both parents about the children.