Book an appointment using SetMore

Father's Rights in Texas divorce cases

Divorce, the "D" word that can send shivers down your spine. As if dealing with the emotional rollercoaster and life upheaval isn't enough, there's the added challenge of navigating the legal labyrinth. But hey, dear divorcing dads in Texas, fear not! We've got your back. In this article, we'll unravel the mysteries, debunk the myths, and provide you with all the help you need to conquer the world of Texas divorce cases.

Short answer: Yes, we've got your back, divorcing dads!

Now, I know what you're thinking: "Why do I need to read yet another article on divorce?" Well, my friend, let me tell you why this one is worth your time.

First, we're ditching the boring legalese and embracing a conversational, playful tone. We're not here to lecture you with legal jargon that only makes your head spin faster. Instead, we'll take you on a journey, sprinkling real-life examples, relatable themes, and even a dash of humor along the way. Trust me, and you won't need a dictionary or a second cup of coffee.

Secondly, we've broken down the daunting world of Texas divorce cases into bite-sized chunks. From understanding your legal rights and responsibilities as a father to exploring topics like establishing paternity, child support calculations, mediation, and grandparent visitation rights, we've got you covered. Each section is packed with information, practical tips, and resources to help you navigate the challenges that come your way.

But that's not all! We've also delved into some of the more complex issues like parental alienation, domestic violence, and the unique challenges military fathers face. You'll find insights, legal implications, and remedies to protect your rights, your relationship with your children, and your sanity.

So, why keep reading? Because we're your compass in this maze of Texas divorce cases. We'll provide you with the guidance, knowledge, and resources to emerge victorious as a divorcing dad.

No more feeling lost, overwhelmed, or uncertain about what lies ahead. It's time to take charge, arm yourself with the necessary information, and navigate the path toward a brighter future for you and your children.

Ready to embark on this adventure? Buckle up, divorcing dads, because we're about to dive deep into the world of Texas divorce cases and discover the help that awaits you. Let's go!

Help for Divorcing Dads: Navigating the Maze of Texas Divorce Cases

In yesterday's blog post from the Law Office of Bryan Fagan, PLLC we introduced and discussed information and topics related to father's rights in the context of divorce cases. If you are a Texas father who is either going through or about to proceed into a divorce then this information is essential for you, in my opinion. Mothers going through divorce should be aware of the issues facing their children and how the father's role has changed in recent years due to societal changes.

Working dads can still spend time with their children

When you think of a working parent, you likely have images of a flustered and stressed-up person walking through the door of the family home in the evening. The parent has had a hard day and want quiet. Spending so much time at work can't be good for their relationship with their child. I think this is what many fathers have in mind as well when it comes to how it will look to a judge when they attempt to make a case that he should be able to share 50/50 in parenting time with his child. The idea of asking for a primary conservator-ship, where the child lives with dad throughout the workweek, is almost impossible to conceive.

As anyone who has driven on the freeways, interstates and toll roads in Houston can attest to, there is no shortage of people in our area who have work schedules that do not require the clock to be punched at 8 a.m. and again at 4 p.m. Flexible work schedules that allow people to work from home are becoming more popular with each passing year. This stands to benefit children, mothers and fathers alike.

Suppose that your child has a play after school on a Wednesday evening. You might have to miss the performance if your office is across town from the school. However, with work-at-home options you may be able to say home that day and do your work duties from the comfort of your couch. Zipping over to the school to see your child on stage is made much easier.

My point is that if you are a dad with a flexible work schedule and an eagerness to be there for the major moments of your child's life, this will cause you to score highly with any judge determining a custody division. Your wife will also know that she is not dealing with an absentee parent, but instead a parent who has made a lot of effort to be there – physically and otherwise – for his child. Mothers who know this are willing to negotiate more freely in hopes of avoiding an outcome in court that could be unfavorable to her.

Expanded Possession Orders make 50/50 custody a near lock for most fathers

An Expanded Standard Possession Order is easily achieved in most divorces if you are a father who wants more time with your child than the Standard Possession Order allows. An SPO holds that the nonprimary parent should have weekend visitation with their child on the 1st, 3rd and 5th weekends of each month in addition to a Thursday night visitation session from 6-8 p.m. Specific provisions exist for holidays and the Summer. Still, I don't have the space in this blog post to get into all of those details.

Unsurprisingly, an expanded standard possession order gives the nonprimary parent more time with your child. Weekends are expanded by a few hours on Friday and an extra overnight on Sunday. You could drop your child off at school Monday morning instead of taking him or her back to their mother's house on Sunday evening at 6 p.m.

While these additions may seem insignificant at first glance, over a year they add up to a great deal more than you might initially have thought. The overall time breakdown is close to 55/45 in favor of your child's mother. This is much closer to 50/50 than many fathers would have guessed was possible in their divorce.

Aim higher than 50/50 custody if you believe it is in your child's best interests

50/50 custody is the goal of many dads who walk into our office to speak to me about a divorce case. As I alluded to in yesterday's blog post, this is seen as the best-case scenario by many fathers due to misinformation in divorce horror stories fed to fathers. Crooked judges (it is said) who "hate" fathers will provide almost zero parenting times to fathers for no reason at all. So, for no reason other than fear of the unknown, fathers will often settle to share equally in the available time with their child.

This may be ok for many fathers, but I am willing to bet that you or another father you know are not satisfied with simply sharing equally in time with your child. In some instances, you may have good reason to want to become the primary conservator of your child, as opposed to your wife. For all of the stories of "deadbeat" dads out there, I could tell you stories just the same about mothers who would not win mother of the year awards. My point is that mothers are not inherently better parents than fathers. The skill sets and abilities of moms and dads may differ, but the result is that a parent is a parent- no matter the sex of that parent. Mothers and fathers are both capable of raising a child.

Consider, then, the following advice if you are interested in being named the primary conservator of your children. Considering your circumstances, some of these may not apply or be possible. However, I believe that most of these tips apply across the board for the fathers reading this blog post.

Stay in the marital home as long as you can

The subject header says it all. You are not forced to move from your home and away from your kids just because your wife files for divorce against you. Until a judge orders you to do so, you do not have to move out of your home. In fact, doing so often puts you at a disadvantage when requesting primary conservatorship of your child. If everyone can remain in the home safely, do so until the judge tells you otherwise.

Keep being the dad that your kids expect and need you to be

A divorce does not change the fact that you are your child's father. Continue operating as normal with your children as much as you are able to. A judge will look favorably on a parent who has done a great deal to increase the stability and consistency in the family home.

Remember who you're doing this for- your child

A divorce is not all about you and your spouse. You may be the person getting a divorce, but your children are just as affected by the case as you and your wife are. If you believe in your heart that you are the better-equipped parent to care for your child daily, then say so- and ask the court to be named a primary conservator. You can achieve your goal if you follow the advice outlined in these blog posts and continue to be a positive force in your child's life.

Help for Divorcing Dads: Navigating Legal Rights and Responsibilities

Divorce is a challenging and emotionally charged experience, especially for fathers who often face unique circumstances and concerns. Understanding your legal rights and responsibilities as a father in Texas divorce cases is crucial to ensure a fair and favorable outcome for you and your children. In this article, we will delve into various aspects of divorce that divorcing dads in Texas should be aware of, offering guidance and information to help you navigate this complex process.

Legal Rights and Responsibilities of Fathers in Texas Divorce Cases

As a father going through a divorce in Texas, you must familiarize yourself with your legal rights and responsibilities. This encompasses crucial aspects such as child custody, visitation rights, child support, and decision-making authority. By solidly understanding these factors, you can actively participate in shaping the best outcome for your children.

When it comes to child custody, Texas courts prioritize the best interests of the child. Fathers have an equal opportunity to seek custody and develop meaningful relationships with their children. Understanding the factors that courts consider, such as the child's well-being, existing parent-child relationship, and the ability to provide a stable environment, will help you present a strong custody case.

Visitation rights are another significant aspect for divorcing dads. Texas follows a Standard Possession Order (SPO), which outlines specific visitation schedules. However, fathers can explore options for expanded possession orders that provide additional time with their children. It's important to understand the details of the SPO and explore possibilities for modifications that align with your children's best interests.

Child support is an essential consideration, ensuring the financial well-being of your children. Familiarize yourself with the guidelines and calculations used in Texas to determine child support obligations. By understanding the factors that influence the calculation, you can work towards an equitable and fair arrangement that meets your children's needs.

Factor Considered


Income of Both Parents

The combined income of both parents is a key factor in determining child support.

Child's Needs

The specific needs of the child, including education, healthcare, and extracurricular activities.

Custody Arrangements

The amount of time the child spends with each parent can influence child support calculations.

Healthcare Expenses

The cost of health insurance and any additional medical expenses for the child.

Other Children

If either parent has children from a different relationship, their financial obligations are taken into account.

Establishing Paternity: A Crucial Step for Unmarried Fathers

For unmarried fathers, establishing paternity is crucial to secure legal rights and responsibilities towards their children. By establishing paternity, you gain the ability to seek custody, visitation, and participate in decision-making regarding your child's upbringing.

Establishing paternity involves various methods, such as DNA testing and voluntary acknowledgment. Understanding the legal implications and the rights and responsibilities of establishing paternity is important. This includes financial obligations, medical decision-making, and the ability to participate in your child's life actively.

Mediation and Alternative Dispute Resolution: Working Towards Cooperative Solutions

Divorce cases often involve conflicts and disagreements between parents. Mediation and alternative dispute resolution methods offer divorcing dads in Texas an opportunity to work collaboratively with their ex-partners in finding mutually acceptable solutions.

Mediation provides a structured and facilitated process where both parties can discuss their concerns, negotiate agreements, and develop parenting plans. By actively engaging in mediation, you can demonstrate your willingness to cooperate and prioritize the best interests of your children. This approach can lead to more favorable outcomes and reduce the emotional toll on everyone involved.

Addressing Parental Alienation and Domestic Violence

Parental alienation is a distressing issue that can significantly impact the relationship between a child and the non-custodial parent, often leading to long-lasting emotional consequences. In Texas, legal implications and remedies are available for fathers facing parental alienation. Understanding your rights and seeking appropriate legal action can help protect your relationship with your children.

Instances of domestic violence further complicate custody decisions. Texas courts prioritize the child's and non-abusive parent's safety and well-being. By being aware of protective orders, supervised visitation options, and other measures available, you can ensure the safety of your children and maintain a secure environment.

Grandparent Visitation Rights: Exploring Possibilities

Grandparents can play a vital role in a child's life, offering support and love. In Texas divorce cases, grandparents also have rights to seek visitation or even custody under specific conditions. Understanding the legal standards the courts consider and the circumstances in which grandparents can request visitation is essential for divorcing dads.

Modification of Custody and Visitation Orders: Adapting to Changing Circumstances

Life is ever-changing, and circumstances that were present during the divorce may evolve over time. Texas law allows fathers to seek modifications to existing custody and visitation orders when substantial changes occur. This could include changes in circumstances, relocation, or changes reflecting the child's preferences as they grow older.

Co-Parenting Strategies and Resources: Building a Healthy Relationship

Navigating co-parenting can be challenging, but it is essential to prioritize a healthy and positive relationship with your ex-partner for the well-being of your children. Effective co-parenting strategies, communication techniques, and conflict-resolution methods can foster a supportive environment for your children. Numerous resources, organizations, and support networks are available in Texas to assist divorcing dads in developing successful co-parenting relationships.

Unique Challenges Faced by Military Fathers

Military fathers facing divorce encounter unique challenges due to the nature of their service. Deployments, frequent relocations, and time away from home can complicate custody and visitation arrangements. Military fathers must understand their rights, explore visitation options during military service, and consider the impact of their military obligations on custody arrangements.

Resources and Support Networks

Numerous resources, organizations, and support networks exist to assist, guide, and advocate for fathers involved in divorce and custody cases in Texas. These resources can offer valuable advice, emotional support, and information on navigating the legal process. Seeking support and guidance from experienced professionals can be immensely beneficial during this challenging time.

In conclusion, divorce is a complex and emotionally charged process, but understanding your legal rights and responsibilities as a father in Texas divorce cases is crucial. By familiarizing yourself with the various aspects discussed in this article and seeking appropriate support and guidance, you can navigate the process more effectively and work towards achieving the best possible outcome for yourself and your children. Remember, you are not alone, and numerous resources are available to assist you in helping divorcing dads.

Embrace Your Superpowers, Divorcing Dads: Help is on the Way!

Congratulations, dear divorcing dads, you've made it to the end of our adventure! But before we bid you farewell, let's take a moment to reflect on what you've learned and the incredible journey you're about to embark on.

Short answer: Help for divorcing dads is here, and you're about to become a superhero in your children's lives!

Remember that feeling when you're watching your favorite superhero movie, and the protagonist faces seemingly insurmountable challenges? They might stumble and doubt themselves, but in the end, they rise above it all and save the day. Well, my friend, that hero is you!

Armed with the knowledge of your legal rights and responsibilities, you're ready to take on the world and be the best dad you can be. Whether it's understanding the intricacies of child custody, navigating the intricacies of paternity, or calculating child support like a math whiz, you've got it covered.

But it's not just about the legal aspects. It's about the power of communication, cooperation, and love. You've discovered the secrets of effective co-parenting, conflict resolution, and the immense impact you can have on your children's lives.

Sure, there may be obstacles along the way. The road may be bumpy, and there might be moments when you question yourself. But remember, you're not alone. A whole network of resources, organizations, and support is waiting to lend you a hand, guide you through the toughest battles, and cheer you on.

And let's not forget the real superheroes in this story—your children. They are the ones who will benefit from your unwavering commitment, love, and involvement in their lives. You're creating memories, nurturing their growth, and ensuring that they know, without a doubt, that you're their superhero.

So, dear divorcing dads, embrace your superpowers as you step into this new chapter of your life. Face each challenge with resilience, determination, and the knowledge that you're equipped with the tools to conquer anything that comes your way.

Remember, you're not just a divorcing dad; you're a force to be reckoned with—a dad who will shape the future, inspire greatness, and leave an indelible mark on the hearts of your children.

Now go forth, our superhero dads! Embrace the help, guidance, and support that's available to you. Be the hero your children need, and let your love and dedication light the path to a brighter future.

Book an appointment with Law Office of Bryan Fagan using SetMore


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

undefined If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Father's Rights E-Book”

Other Articles you may be interested in:

  1. How to change a child's last name in Texas if the father is not on the birth Certificate
  2. Texas Child Support Basics
  3. Know How Property and Debts are Divided, When Preparing for Your Texas Divorce
  4. Dividing Property in a Texas Divorce - The Just and Right Division
  5. 7 Important Ways to Financially Prepare for Your Texas Divorce
  6. What are the Steps of a Contested Texas Divorce, and How can I Prepare for Them?
  7. Can Fathers Win Child Custody in Texas?
  8. Unmarried Fathers’ Rights in Texas
  9. Can a father lose custody?
  10. Ten Things Every Father Should Know About His Rights as A Father
  11. What role do fathers play in visitation during a Texas CPS case?
  12. Can a father get 50 percent custody?
  13. Why would a father lose custody?
  14. Can the father take the child if not on the birth certificate?
  15. Can a father get 50 percent custody?

FAQs - Divorcing Dads

Fill Out To Watch Now!

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.