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Can Fathers Win Child Custody in Texas?

A common concern for fathers in family law cases is whether they have a chance of winning custody. Many fathers ask, “Do I stand a chance in child custody cases where the father wins?” This question reflects a broader concern that courts may favor mothers over fathers. Is this assumption accurate? What should fathers consider when preparing for a child custody case? Understanding these issues is crucial for any father facing a custody battle.

Let’s approach these questions from this perspective right off the bat. If you are a dad who has these concerns, then you are asking the right questions. Wandering into a family law case is possible. Very possible. Many men (and women) get involved in a family law case and have no idea how to get themselves out. These folks end up wandering around in the metaphorical dark before having to settle for a bad deal that is not in their best interests or the best interests of their child. However, you are already asking relevant questions. That’s a good sign!

Navigating Child Custody: What Fathers Should Know

Now that you’ve asked important questions, let’s address whether being a father affects your position in custody cases. Unlike many who might give up easily, you’re determined to find answers. This blog post from the Law Office of Bryan Fagan aims to provide clarity on this issue.

When you become involved in a child custody or divorce case with children then I think it is normal for your mind to drift towards negative questions. The thought of losing time with your children because of becoming involved in a child custody or divorce case is an intimidating proposition. That you may lose time with your children due to a factor that is out of your control is an even more frustrating issue to go through. Let’s establish a few things about child custody and family law cases to lay the groundwork for our discussion today.

First, the Texas Family Code does not give preference to men or women, fathers, or mothers when it comes to determining custody issues. Issues like custody, conservatorship, visitation, and possession are decided based on the best interests of your child, the specific circumstances of your case, and the history of you and your co-parent when it comes to parenting your children. The Family Code does not allow a judge to judge your circumstances based on who is the mom and who is the dad. From this perspective, you should know in advance that the law is on your side at least in this regard.

Look at your history and get a glimpse into your future

Dads tend to be pessimistic about custody issues because they see other dads come out of a child custody or divorce case with orders from the court that tend to favor mom. Why is that? What are the areas of a case that I think are most important to parents? The first area that dads and moms tend to care the most about is time with their kids. How much time are you going to be able to gain with your children because of your family law case? What sort of custody, possession, or visitation do you think you can win?

The default setting in a family law case that involves children is for parents to have a joint managing conservatorship with their children. A joint managing conservatorship means that you will be sharing conservatorship rights with your co-parent. The sharing starts with the rights and duties that you have concerning your children. Many parents, fathers especially, concern themselves primarily with the time that they will be able to spend with their children. This is understandable since you may have experienced losing time with your children recently for the first time in your life. Rather than being able to spend as much time as you want with your kids, you may already be sharing time with your co-parent on an unofficial basis. So, it makes sense why time with your kids will be at the front of your mind when it comes to negotiations in your case.

When Sole Managing Conservatorship Might Be Appropriate

In some situations, a sole managing conservatorship may be appropriate. In a sole managing conservatorship, you and your co-parent will still be sharing time with your children. However, the time and rights/duties that you share will be skewed in favor of either you or your co-parent. One parent becomes the sole managing conservator, and the other parent becomes the possessory conservator.

The sole managing conservator will likely be able to make decisions on behalf of your child on an exclusive or independent basis much more frequently than under a joint managing conservatorship. This type of scenario occurs in situations where a parent may have a problem with drugs or alcohol, or if family violence has been an issue in the past. It reflects a circumstance where you or your co-parent are unable to make good decisions for yourself or your child. While a sole managing conservatorship arrangement is not likely in your case it is possible given that the best interests of your child are what matters the most and not your feelings.

Understanding Conservatorship in Child Custody Cases

Conservatorship refers to rights and duties concerning your child. Conservatorship is a major component of a child custody case. Custody is a term that we hear about all the time in the context of a family law case. It is a term that everyone- judges and attorneys alike- uses frequently. However, you may be surprised to learn that the term custody does not come up in the Texas Family Code even once.

Rather, it is a term that is used as a general reference to the world of Texas family law cases involving children. Custody cases come in all shapes and sizes and are even a part of divorce cases. Whether you are going through a divorce with children or a child custody case that is a standalone matter, we need to be able to talk about why these cases matter and why you as a dad need to be prepared to take on whatever challenges may be in front of you.

When you first consider a child custody case, it’s easy to worry about worst-case scenarios. Instead, focus on developing a clear plan with specific goals. Although it might feel like the odds are against you, remember that the law does not inherently favor mothers over fathers. Judges will assess both your and your co-parent’s parenting histories to determine what’s best for your child.

The Impact of Parenting History on Child Custody Cases

For one, you as a parent can work towards bettering the life of your child. The goal with your child should be to provide him or her with the greatest opportunity to achieve success possible given your circumstances. To that extent, your history as a parent will play a role when you become involved in a child custody case. Much of the time, your history as a parent may have been controlled not only by the circumstances that you and your co-parent found yourselves in but also by the needs of your employer and your skills as a parent.

For instance, if you are a father then it is more likely that you worked outside the home than a mother would. What does this mean for your family law case? If nothing else, it means that your child’s mother likely has had a greater opportunity than you must spend time with your child. Again, this is not to say that you have not been a good father to your child or anything like that. However, it does mean that when it comes to your child custody case a judge would only look backward in time when assessing Parenting roles.

What can you do to prepare for a child custody case as A father in Texas?

The key to achieving success in a Texas family law case is to be able to properly prepare for whatever it is that comes your way during the case. First, you should have a basic understanding of the child custody and visitation laws in Texas. For the most part, parents agreed to something that looks like a standard possession order for child visitation purposes. A standard possession order allows for the primary conservator to have possession of the children approximately 60% of the time while the non-primary conservator has possession approximately 40% of the time.

If your case were to go before a family court judge the judge would likely order something resembling a standard possession order. However, you and your child’s mother can negotiate throughout the case and achieve your own desired outcomes when it comes to this subject. When you negotiate with your child’s mother you can come up with outcomes that you would not ordinarily be able to. You all can construct a reality for yourselves as far as custody and possession are concerned, which would otherwise not be possible were you to rely upon a family court judge to come up with the confines for your case.

Consider Hiring an Experienced Family Law Attorney for Your Case

Another recommendation that we can make to you at this time would be to consider hiring an experienced family law attorney before engaging in a contested family law case. Even though you may be comfortable with the family laws in Texas as far as your knowledge of them there are different elements to a family law case beyond simply knowing the law. You need to be able to apply the law correctly, make arguments in court, file your case, meet all necessary deadlines, and be able to prepare for mediation.

These are just a few of the issues that come up in family law cases that you need to be prepared for. Having an attorney by your side for these various stages of your case can be a distinct advantage over a parent who does not have an attorney. In circumstances where your child’s mother already has a lawyer, it is essential that you also have representation. If this is a subject that you are concerned about then please reach out to our office today to arrange for a free-of-charge consultation with one of our experienced family law attorneys.

Organization plays a crucial role in a Texas family law case. A judge will decide based on your child’s best interests, so you must present a clear daily schedule and demonstrate your resources for child care. Be prepared to provide documentation of your income, relationship with your children, employment, and ability to care for them. Discuss with your attorney how to prepare effectively for court. The more preparation you do, the more you can save time and money.

Work Together with Your Child’s Mother for Your Child’s Best Interest

If possible, you should be willing to work out problems directly with your child’s mother. Ultimately, this is how you and your child’s mother are going to need to solve problems together. You are not always going to be able to have an attorney on retainer to solve issues for you. It is also impractical for you to have to go to court every time there is a disagreement between you or your child’s mother. With that said, it may take some time for the two of you to learn how to work well together. Even if the two of you do not agree on every subject under the sun you can hopefully agree on how important it is for you to be able to work towards the best interests of your child and to set aside your differences.

While we are on that subject, it is completely normal for you to want to protect your child from the difficulties and stresses associated with this family law case. However, you need to be able to balance that desire with the need for you to keep your child up to speed with the events of the case. You can approach this subject from any angle you would like but you and your child’s mother need to be able to help your child through this process no matter their age or maturity level.

Doing so will assist your child in managing the change that comes about because of a divorce or child custody case. Presenting a united front with your child’s mother is the best way to do this. Ideally, you and your child’s mother can discuss a lot of these issues together and discuss additionally how to approach them with your children as a team.

Conclusion

Facing a family law case can be challenging, especially for fathers concerned about child custody outcomes. However, it’s crucial to remember that fathers can succeed in child custody cases where the father wins. Your child’s well-being is at stake, and your involvement is essential. Thorough preparation and a deep understanding of Texas family law can significantly improve your chances. By educating yourself and preparing adequately, you can better advocate for your role in your child’s life, leading to a more favorable outcome.

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

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. A Father’s Rights in Texas: Legal Advice for Custody Battles
  2. Legal Pitfalls: Why Fathers Lose Custody in Texas and How to Avoid Them
  3. Father’s Chances of Winning Primary Custody of Their Child in Texas
  4. Child Custody Basics in Texas
  5. Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce?
  6. Sole Managing Conservator in a Child Custody Case in Texas?
  7. Help!! My Ex-Spouse Kidnapped my Child
  8. How Much Will My Texas Child Custody Case Cost?
  9. When Can a Minor Child Weigh in on Custody Decisions in Texas?
  10. Child Custody Geographic Restrictions in Texas
  11. Firefighter visitation schedules for those who work 24-hour shifts
  12. Father’s Rights in Texas divorce cases

 

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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