Understanding Father's Rights in Texas

If you are ending a relationship with a woman with whom you have had a child, you may be wondering what your rights are as the child's father. Understanding your legal rights and responsibilities is crucial to maintaining a meaningful relationship with your child.

Equal Rights Under Texas Law

Texas law recognizes that both mothers and fathers have equal rights to their children. There is no legal presumption that mothers should automatically receive primary custody. Courts must make decisions based on the best interests of the child, not the gender of the parent.

Establishing Paternity

If you were not married to the child's mother when the child was born, you must establish legal paternity before you can assert your parental rights. This can be done by:

• Signing an Acknowledgment of Paternity form at the hospital when the child is born
• Filing a paternity suit in court
• Submitting to genetic testing to prove paternity

Custody and Conservatorship Rights

Once paternity is established, fathers have the right to:

• Seek joint managing conservatorship (shared legal custody)
• Request to be designated as the parent with the right to establish the child's primary residence
• Participate in making major decisions about the child's education, medical care, and religious upbringing
• Have regular visitation (possession and access) with the child

Visitation Rights

Fathers are entitled to a standard possession order, which typically includes:

• First, third, and fifth weekends of each month
• Thursday evenings during the school year
• 30 days during the summer
• Alternating holidays

These schedules can be modified based on the specific circumstances of your case and what is in the best interests of the child.

Child Support Obligations

With parental rights come responsibilities. Fathers are obligated to provide financial support for their children. However, paying child support does not diminish your right to custody or visitation, and conversely, being denied visitation does not excuse you from your child support obligations.

Protecting Your Rights

It's important to take action to protect your parental rights. This includes:

• Establishing paternity as early as possible
• Maintaining regular contact with your child
• Documenting your involvement in your child's life
• Following court orders regarding visitation and child support
• Seeking legal counsel when facing custody disputes

When to Seek Legal Help

If the mother is preventing you from seeing your child, if you're facing a custody dispute, or if you need help establishing paternity, it's important to consult with an experienced family law attorney who can advocate for your rights as a father.