Fathers’ Rights
Texas law protects against discrimination based on sex or marital status in child custody cases, meaning fathers have equal rights as mothers under the law. But the reality is that mothers make up 9 out of 10 custodial parents statewide.
Our team at C.E. Borman & Associates believes that, all other things being equal, fathers have just as much of a right to be in their children’s lives as mothers. That’s why we use our decades of experience in Bryan, Texas divorce and child custody cases to protect our client’s rights, and fight for what’s best for their families.
When determining child custody arrangements, Bryan judges prioritize the “best interest of the child” above all else. In the past, judges have aired on the side of granting mothers primary custody.
Nowadays, fathers have equal rights under Texas law, but that doesn’t mean that courts always respect them. Sometimes, what a father really needs is a trusted legal advocate to defend their rights in court.
Here are just some of the things our experienced legal team at C.E. Borman can help with:
We’ll learn more about your situation and discuss your options for moving forward.
Together, we’ll get to work resolving your issues – representing you through mediation and, if necessary, in court.
While there may have been a historical bias, Texas courts now prioritize the best interests of the child and strive for equitable custody arrangements, regardless of parental gender.
Texas judges always prioritize the “best interest of the child”in any custody decision. In addition, they might consider other factors such as the child’s physical and emotional needs, parental capabilities, stability, the child’s preference (if age-appropriate), and willingness to foster the child’s relationship with both parents.
Yes, it’s possible to pursue sole custody in Texas, but all other things being equal, courts tend to favor a joint custody situation. Joint custody usually involves the child living with one parent, with the non-custodial parent sharing in the parenting time and decision-making. If you truly think that sole custody is the best thing for your child, talk to an experienced family lawyer about the best way to pursue that arrangement.
Yes, child support orders can be modified in Texas if there has been a significant change in circumstances, such as a change in income or the child’s needs, warranting a modification.
A family lawyer can advocate for a father’s rights by providing legal guidance, representing him in court proceedings, and ensuring that his voice is heard throughout the legal process. Some of the legal issues we can help with include establishing paternity, obtaining sole or joint custody, negotiating visitation rights, developing a parenting plan through negotiation or mediation, and modifying existing custody agreements and other court orders.
Yes, Texas law grants fathers and mothers equal rights when it comes to custody and parenting decisions. Courts are required to base decisions on the best interests of the child, not the parent’s gender.
If you are being denied court-ordered visitation, you can file an enforcement action with the court. A judge may order make-up visitation time, fines, or other penalties against the non-compliant parent. It’s important to act quickly and document all violations.
Yes, if paternity has not been legally established, a father may need to take legal steps to prove paternity before seeking custody or visitation rights. Once established, you can pursue the same parental rights as the child’s other parent.
