Father's Rights in Texas
Father’s rights in Texas can be one of the most challenging aspects of family law cases. Being a father in the middle of a divorce and child custody case can be extremely difficult because like most states, Texas courts tend to side with the mother when it comes to custody battles even when the father is more capable of raising the child.
It is important for fathers that are in a divorce or a legal custody battle to know their rights. The state of Texas has many laws in place to protect the rights of fathers. It is common to find many good, present fathers that feel like their rights end up taking a backseat to those of the mother. But according to the Texas Family Code §101.0010 an “acknowledged father” is defined as a man who has established a father-child relationship under Chapter 160 [Uniform Parentage Act]. This is important because taking every step to continue your father-child relationship and being a present and capable parent will help your case in court. Likewise, having evidence of extended periods of caring for your child and paying child support can go a long way in supporting your argument.
In Texas, unmarried fathers are not legally presumed to be the father even if the child(ren) is found to be a genetic match. This can come as a complete surprise to many men if the couples relationship ends and the mother decides to leave the state or stop the father from seeing the child. The unwed father will have no legal rights to enforce if there has been no legal documentation of paternity. If you were not married to the child’s mother when the child was born, it’s important to file a genetic test and adjudicate yourself as a father of the child in order to receive legal rights. It is imperative for unmarried fathers to contact an attorney to protect your right to be part of your child’s life.
Legal action is almost always necessary when dealing with an uncooperative mother-- in situations such as adding your name to the birth certificate, visitation rights or the ability to make parental decisions. If you are pursuing a divorce, child custody or modification case, contact us today to protect your child and your paternal rights.