Father’s Rights Attorney Houston: Fighting Hard for Dad’s Rights in Texas.
In the not-so-distant past, in certain states such as Texas, family courts and family law Judges often favored the mother in family law matters like child custody,
Thankfully, this is no longer the case, and when fathers come to us with their concerns that the mother will receive preferential treatment, we can lay their fears to rest.
In the state of Texas, all family law decisions that are made by a family court Judge, will be made based upon what the Judge believes to be in the best interests of the children involved. This means that each parent has equal rights going into family law matters and will be evaluated on their own individual merits.
This means that neither the father nor the mother gains any preferential treatment for their gender.
While this is now the law, some bias still remains in our family court system, and this is one of the reasons why you should always contact a dedicated family law attorney to help you fight your case. They will ensure that your rights are protected and that you receive fair and reasonable treatment.
Once you obtain legal representation from a skilled father’s rights lawyer, they can help you navigate the complexities of family law. They can ensure that your parental rights are protected, help you assume paternity or deny it, and can prevent you from being forced to pay child support that is above the reasonable amount.
If you are currently considering divorcing your spouse, you should consider getting in touch with an attorney as soon as possible. They can help you file first and prepare ahead of time so that you gain the advantage.
If you have been served by papers, it is equally as important to secure legal representation immediately. Your spouse likely has an attorney already working on their divorce strategy, and without representation, you may be treated unfairly and taken advantage of.
The Farias Law Firm – We Can Help With Your Family Law Issues
At The Farias Law Firm, our team of family law attorneys can help you fight for a better future. Once you have been assigned a dedicated family law attorney to your case, they will handle all of your legal paperwork, build a strong strategy on your behalf, and represent you in court if necessary.
When it comes to family law issues like legal custody and child support payments, family court Judges will always want to see that you and your spouse have tried to come together on important issues before they get involved.
It is also within your best interest to come together as much as possible on issues such as child custody, as it keeps the decisions in your hands and prevents costly and time-consuming court involvement wherever possible.
Unfortunately, when both parents love their children fiercely, it is common for neither one to back down and compromise. This can lead to unproductive negotiations and may eventually require the intervention of a family law Judge. In this situation, we are prepared to litigate on your behalf.
The best way to approach custody law is by seeking help from a team of divorce lawyers that handle cases like yours on a daily basis. Here at The Farias Law Firm, our family law-focused team is ready to help.
Protect your future and call our law office today at 713-364-3942.
Father’s Child Custody Rights
In Texas, family law grants equal rights to both mothers and fathers. As a legal father, you possess the same rights as the mother in family law matters, such as child custody. During child custody disputes, neither parent should have an advantage; instead, each individual’s merits should be assessed.
Complications may arise if the father is not legally recognized, which often occurs when the child’s parents were unmarried at the time of birth. In these instances, seeking legal assistance to establish paternity may be necessary.
If the mother acknowledges the father, both parties can sign an Acknowledgement of Paternity (AOP), which confirms the father’s legal status. However, if the mother disputes the father’s status and refuses to sign the AOP, legal action may be required to establish paternity.
In such cases, consulting with an experienced attorney is crucial for proper representation. They will guide you through the process, safeguarding your rights as you pursue paternity.
Rights Awarded to Legal Parents in Texas
Legal parents have the right to:
- Participate in decisions related to the child’s ongoing education.
- Engage in and attend extracurricular activities outside the educational framework.
- Have a say in matters involving health, religious upbringing, and living circumstances.
Why Courts Always Make Decisions That Are In The Child’s Best Interests
For most parents entering into the divorce process, each parent will have played an integral, if different, important, role in their children’s lives. This can make decisions such as who to award primary custody to, a difficult one.
If both parents have played an important role in their children’s lives, they may both feel that they have the right to become the primary custodial parent.
Family law reform has changed the way that courts make decisions for this very reason. No longer is it assumed that the mother is the best choice simply because she has spent the most time with the child.
When both parents seek custody, the Judge will want to examine each parent. They will consider a number of different factors when making their decisions.
In some situations, the Judge may decide that the parent who has spent the most time involved in things like sporting events, quality time, taking the child to important healthcare events like the dentist and doctors, and playing with the child, should become the primary residence of the child.
Sometimes, the Judge may prefer to award custody to the other parent, as they are more stable and will be able to better financially provide for the child.
Each case will need to be judged on a case-by-case basis, and unfortunately, one party will usually be disappointed by the outcome.
When entering into a child custody battle, here are the main factors that a Judge is going to look at:
Does Either Parent Pose a Danger To The Child
The first and most important factor that needs to be considered is the child’s safety with each parent. In most situations, neither parent poses a danger to their child.
However, if you believe your spouse poses a danger to your children, you must make this clear to the Judge. To do this, you will need to work with an attorney to build a compelling case, one backed with evidence. If you can do this, the courts will listen and may award you sole custody.
If you are worried that your spouse is going to accuse you of being a danger, and you have a history of drug use, alcohol abuse, or violence, you will need to work with an attorney to prove that you have changed, and that your past is behind you.
Previous Involvement In The Child’s Life
Family law court Judges will want to examine each parent and their involvement in the lives of the children so far. If you have attended every sporting event, spend quality time with your children regularly and handle important matters like parents’ evenings, this could stand positively in your favor.
Even if you do not win custody, the courts will encourage you to carry on attending these events following the divorce.
Familial Support
Numerous studies and research have shown the importance of being involved in a close-knit family circle of social groups, such as a church group. These networks can be beneficial to your child’s development, and the court may want them to remain close to this positive influence.
Alienating The Other Parent
One major thing that a family law Judge does not want to see is a parent engaging in negative alienation of the other parent. This is a form of emotional abuse and can leave a child with long-lasting mental scars or problems.
Alienation occurs when one parent intentionally tries to change their child’s opinion of the other parent. They may do this by negatively talking about them or encouraging any negative behaviors. These behaviors can result in a child struggling to form healthy bonds with others in the future.
Stability
A crucial consideration when determining physical custody is each parent’s stability. A parent who has difficulty maintaining employment, consistently pays bills late, and carries substantial debt may be perceived as unstable.
A parent who consistently pays bills on time, holds a steady job, and is free of debt may be viewed as the more stable option for the child’s living arrangement, as they are better equipped to meet the child’s financial needs in the future.
The Child’s Opinion
At the age of 12, Texas courts will allow a child to voice their own opinion on who they would prefer to stay with.
The Judge may use this as a consideration, but they do not have to side with the child. They will still make the decision that they believe to be in the child’s best interest.
How Our Attorneys Can Help With Your Family Matters
Divorce Proceedings/Divorce Law
Making sure you enter your divorce with the right legal strategy is crucial if you want to protect your future. The decisions made in your divorce become legally binding and that means they are going to affect you for as long as they are in place.
This means that you should never enter the divorce proceedings unprepared and if your spouse has hired their own legal representation, you should do the same if you do not want to be left with a divorce decree that is not fair on you.
Custody Discussions
As your divorce proceedings commence, we can assist you and your spouse in addressing important matters. We will arrange negotiation meetings involving you, your attorney, the other parent, and their attorney to discuss custody issues in an amicable setting. The primary objective is to devise a plan that serves your children’s best interests.
Amicable decisions keep the decisions in your hands, whereas a court Judge may make a decision that neither of you is happy with, but both of you are legally obligated to follow.
Should you and your spouse be unable to engage in a conflict-free meeting without discussions breaking down, third-party mediation may be necessary, where both parties are in separate locations, and an intermediary facilitates resolution. Even parents with significant conflict problems can make progress with this approach.
Throughout the process, we will address essential topics such as parental rights, establishing paternity, determining the custodial parent, addressing parenting time interference, managing domestic violence concerns, ensuring accurate birth certificate information, prioritizing the children’s best interests, promoting shared parenting, accommodating the needs of one parent, establishing fair parenting time, and effectively handling custody cases.
Custody Litigation
When parents are fighting a custody case, conflict is common. This is because the love that both parents feel for their children will never fade, even if the love they feel for each other has. This means that when the divorce happens, neither party may be willing to back down and compromise.
This means that your child custody case is the most likely issue to result in a need for court involvement and litigation from your attorney.
Here at The Farias Law Firm, it is true we are excellent negotiators, but whilst we will always try to resolve things without court involvement if it becomes necessary, we are ready to fight on your behalf. Our attorneys are fierce litigators and do not settle for anything less than you deserve.
Fathers Rights Movement
The Fathers’ Rights Movement consists of a dedicated community of men and women who strive to ensure that caring fathers are granted their complete rights and duties and that children can maintain strong relationships with their fathers. We fervently endorse and advocate for the rebuttable presumption of 50/50 equal shared parenting.
You can find out more about their work here.
In Conclusion: The Farias Law Firm – Your Trusted Advocate for Fathers’ Rights
Divorce and child custody decisions are extremely important and will have a drastic effect on your life for many years to come. For this reason, you should always approach your family law matters with the strongest possible legal representation behind you. This will ensure that you are treated fairly and that you can move forward into a bright new future with as little friction as possible.
Here at The Farias Law Firm, our attorneys have extensive experience when it comes to fighting for the rights of the fathers of Texas. We know that fathers love their children just as much as mothers, and we will work tirelessly to achieve a favorable outcome on your behalf.
Call us today to discuss your case: 713-364-3942.