When it comes to child custody cases, the courts are required to act in the child’s best interests. While it is generally best for a juvenile to grow their relationship with their father, dads are not always treated fairly in divorce or custody cases. It’s a common pitfall for courts to exhibit a bias toward favoring the mother in custody decisions. This bias can sometimes overshadow the child’s best interest, leading to an imbalance in custody arrangements.

As a father, you deserve the opportunity to maintain and grow your relationship with your children. At Barton & Associates Attorneys at Law, PLLC, we can advise you of your rights while ensuring they are enforced so that your relationship with your child is prioritized and protected.

Mothers Are Not Guaranteed Full Custody

Historically, mothers have had the upper hand in receiving primary custody of a minor child, which often leaves the father with limited visitation hours to see their children on nights and weekends. The law presumes that it is best for a child to have a relationship with both parents. To facilitate this process, many judges are awarding shared custody that allows each parent time with their kids.

There is a history of bias against fathers in these cases, but our team of attorneys can often overcome these challenges. Let our team of professionals ensure that you are treated fairly throughout this process.

Protecting Visitation Rights

Even if the mother is awarded primary custody, you have the opportunity to develop your relationship with your children during regular visits with them. Understanding how visitation works is important, as the court will generally set a schedule determining what parent is entitled to be with the child at a given time.

Sharing Legal Custody

Even if the courts do not allow you to share joint physical custody of a child, you may still be entitled to have a say in the important decisions that impact their lives. Legal custody describes your right to make choices regarding your child’s religious upbringing, education, medical care, and more.

There is a presumption that sharing custody in this manner is good for the child. However, evidence that rebuts that presumption could support granting one party the final authority over the child’s care. 

Protections for Fathers

There is not a specific section in the Texas Family Code dedicated to father’s rights, but there are several sections that address their flights and responsibilities of both parents. For example, Section 153 outlines the best interest of the child standard, which is the primary consideration in determining conservatorship and possession. This standard applies equally to both mothers and fathers. The same section later outlines (Section 153.071) the rights and duties of a conservator, which include decision-making abilities for the child. These rights apply to both parents. Finally, Section 160.201 defines parentage and establishes rights related to paternity, which is crucial for unmarried fathers to assert their rights.

Call Today to Discuss Your Rights as a Father

Your rights as a father are not insignificant, but you must enforce them to ensure they carry any kind of weight when determining visitation and custody. Our Texas family law firm has handled countless divorce cases, and we understand the increased scrutiny fathers often face. Let our team protect your rights and help you pursue the future you envision with your children. Contact us as soon as possible to discuss your case during a private consultation.