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When clients come into the Law Office of Bryan Fagan, PLLC with family law concerns, it’s common to hear them describe their situation using terms like “fight,” “war,” or “battle.” As a parent myself, I can relate to the deep emotional involvement these individuals feel regarding their children and their family. If you’re reading this blog post, chances are you’re facing a similar situation and are seeking clarity about your Texas parental rights and duties.
For the purposes of this blog, and your family law case as a whole I would caution you to take a step back from using that sort of language, however. When we are discussing your rights and duties to parent your child it is inherently personal. That much is obvious. It is easy to fall into a trap that parenting your little boy or girl is a “zero sum” game.
This means that for you to gain a right to do something, you must take away the same right of your child’s other parent. If the situation were like this then using terms like “war” or “battle” may actually make sense.
How the Texas Family Code Helps You Avoid Custody Battles
The Texas Family Code is key in understanding how parental rights and duties are allocated. It doesn’t encourage conflicts in court, suggesting a more harmonious approach. A word of advice: be cautious if a lawyer seems overly eager to take your case to court. This might not be in your best interest.
Regarding the well-being of your child, it’s often preferable for both parents to be joint managing conservators. If there’s a disagreement, it’s likely that a judge will reinforce this stance in court.
Reflecting on therights and duties of parents in Texas, these responsibilities are typically shared. When co-parenting, major decisions about your child should involve both parents. For instance, imagine the complications that might arise if one parent unilaterally decides to change their child’s school. The approach to making significant decisions for your child should remain consistent, even post-divorce.
In family law cases that question the parenting approach, always center the child’s best interests. As a family law attorney, I often witness the push for exclusive rights in tough custody or divorce cases. But, from my experience, exclusive rights seldom benefit the child. Promoting joint rights and responsibilities creates a co-parenting environment and ensures active involvement from both parents in their child’s life.
A Hypothetical Breakdown of Rights and Duties for Texas Parents
I propose a way to divide rights and duties between parents. This approach might not suit you and your child’s other parent, and that’s okay. You can discuss your specific situation in more detail with a family law attorney from the Law Office of Bryan Fagan, PLLC, without any charge. Here’s my breakdown of rights and duties for Texas parents:
Child Support
This is usually clear-cut. Typically, one parent is granted the exclusive right to receive child support, while the other has the sole duty to pay. In my experience, this arrangement is almost always the case.
Primary Residence of the Child
If parents can agree on a geographic restriction or another arrangement, sharing this right jointly is possible. There’s no need for an exclusive designation if you and your child’s other parent can reach a mutual agreement.
Decisions on Underage Enlistment in Armed Services and Marriage
Although rare in my practice, this could be relevant to some. Jointly holding this right with the other parent is advisable. The decision for a child to enlist in the military or marry before turning 18 is significant, and both parents should be involved. It’s crucial to ensure your child’s best interest is prioritized.
Remaining Rights and Duties
Most other rights and duties can be held independently unless a major conflict arises. If you and the other parent face an irresolvable issue, a judge will likely mandate joint decision-making. This approach encourages both parents to co-parent effectively, fostering a relationship where your child remains closely connected with each of you, as desired by the State of Texas.
Final Thoughts
If you believe you need exclusive authority to make decisions for your child, be prepared for the possibility of a lawsuit from the other parent after your initial case concludes. On the other hand, if you view your Texas parental rights and duties as shared with the other parent, your child will likely benefit from increased contact and involvement from both of you.
The Law Office of Bryan Fagan, PLLC is available six days per week to meet with you to discuss your particular questions in the field of family law. Our consultations are free of charge and we would be honored to speak to you about your case and the possibility of representing you.
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Other Articles you may be interested in regarding Custody
- Demystifying Parental Rights and Responsibilities in Texas – Expert Advice
- Understanding Time Sharing Navigating Parental Responsibilities in Texas
- The Ultimate Guide to Parental Rights and Responsibilities in Texas
- Amicus Attorneys in Child Custody Disputes in Texas?
- Sole Managing Conservator in a Child Custody Case in Texas?
- Teens with Children, Child Custody and Child Support in Texas
- Child Custody and Divorce in Spring, TX
- Custody and Visitation Rights of Grandparents in Texas
- 11 Things You Must Know About Texas Child Custody
- 12 Texas Custody & Conservatorship Battle Tips
Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding child custody, it’s important to speak with one of our Houston, TX Child Custody lawyers right away to protect your rights.
Our child custody lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
