When it comes to a family law trial, especially regarding father and child custody, they say that deadlines spur action. Meaning that because there is a major event upcoming in your life, you need to begin to prepare. In a perfect world, you would have begun to prepare for your divorce or child custody trial months ago. However, we do not always deal with ideal circumstances. Rather, if you are fast approaching a divorce or child custody trial then bearing in mind a handful of family law treats is what you need to consider. Speaking frankly, time is a luxury that you do not have at this moment.
For starters, dads sometimes enter family law cases with lower expectations compared to mothers. There are several reasons why this may be. As a society, the expectation in a family law case is that mothers are set up to come out on top when it comes to any number of issues. This is especially true when it comes to topics like primary custody of the child and parental rights and duties for the father. There is even a belief that the law favors mothers over fathers when it comes to these subjects. This is not even to mention subjects like child support which fathers typically dread dealing with.
The attorneys with the Law Office of Bryan Fagan want to help fathers better understand their rights regarding child custody in a family law setting. Assuming that the deck is stacked against you does not help in this context. Rather, taking the perspective of someone who wants to serve their children is the right course of action to take. Today’s blog post will share with you our perspective and approach for fathers during a Texas family law case.
How do courts determine custody outcomes in family law cases involving a father and child?
The approach of every family court in Texas is to consider the best interests of your child when making decisions. From issues like child support to child custody, family courts want to place the best interest of your child at the top of the priority list. What suits you or the child’s mother is not as important. Rather, courts attempt to look at what serves your child best now and in the future. The best interest of the child is served primarily by having a relationship both with you and your co-parent.
This should hopefully dispel fears you may have about your child losing their relationship with you because of the case. Many fathers mistakenly believe that their child’s mother can and the relationship between father and child because of the family law case. This is not true. In most divorce or child custody cases, a father has nothing to worry about when it comes to having their parental time severely decreased or even having their rights terminated. Again, there is a presumption under the law that your child’s best interests are served by being a joint managing conservator of your child.
However, that does not mean that you are necessarily on even footing with your child’s mother during a family law case. This has nothing to do with what the law says or does not say. Rather, it has much more to do with your history as a parent and the role you have played in your child’s life. When we look back on your time as a father we may find that your child’s mother has played more of a central role in the life of your child. Here is why that matters in the context of a Texas family law case.
Look at your parenting history to determine your parenting future
When it comes to the outcome of your family law case, you need only view your circumstances through a backward-looking lens. Namely, your history and behavior as a father and parent matter tremendously when it comes to courts judging your child’s best interests and custody arrangements. When making determinations about the best interests of your child, a court has limited information to go by. One of the notable exceptions is to draw upon your history as a parent. When a court looks back at your history as a parent what will they see?
The answer to that question will determine in large part the sort of rights and duties you gain with your children. Do not lose hope in your attempts to build a life with your child after a divorce or child custody case. This is where many fathers tend to steer wrong in a family law case. Favoring of mothers is not a part of Texas family law. Or even that fathers have no chance of becoming the primary conservator of their children. Rather, the main takeaway from this discussion should be that parents need to primarily look at their history of raising children to determine how a court would view the situation.
Again, there is no inherent bias in the law against fathers. However, your circumstances and history as apparent likely put you in a position where your child’s mother comes out looking more favorably than you do. The main reason for this is that mothers tend to play the role of primary conservator more often than fathers. Here is some food for thought when it comes to playing the role of primary conservator and its importance in a Texas family law case.
Father and the naming of a primary conservator in child custody
Think back on your life and role as a parent. You have likely been an income earner for your family throughout the years. This means that you worked at least five days per week. It also means that you are likely away from home more than your child’s mother. This is an important takeaway for you as a father. More than any other factor your history as a parent matters when determining conservatorship roles in a family law case. Due to you having played the role of primary income earner for your family that necessarily means that you were not the primary caretaker for your children.
When we discussed this issue in a child custody setting, it likely means that you, as the father, were not there in the home when your child gets home from school. Picking your child up from school when he or she is sick was also probably not something that you did. Considering all of this, you can see how the deck is stacked against you as far as parenting rights and duties. Included in this discussion is the amount of time that you were able to spend with your child. The primary conservator of the children tends to be able to spend more time with their children.
The desire to improve yourself and your case
As a father, this may be difficult for you to imagine. We like to think that there are always opportunities for us to improve our standing in the important areas of our lives. For example, if we are in poor health now who would like to think that we will have an opportunity to get back on the right track? Eating better, exercising more, and generally being more active are ways that we all know lead to greater health and wellness. To suddenly be told that we cannot reverse a poor health trend would be disheartening, to say the least.
How to set a course for better outcomes in a family law case
So far today’s blog post has not been overly optimistic for you as a father. Of course, I am making assumptions about your situation based on past cases having served fathers. You may be in a completely different situation where this information does not directly apply to you. However, that does not mean that you cannot still take positive steps towards improving your position within a family law case. All parents can benefit from looking seriously at this information.
However, fathers need to take whatever steps they can toward improving their position in a family law case. Make no two ways about it-fathers tend to face an uphill battle when it comes to issues related to conservatorship in family law cases. That does not mean that there is nothing you can do as a father to improve your chances of ending up with the most favorable outcome possible in your case. To do so takes having a plan and specific goals in mind.
This is where you should begin your analysis regarding child custody, not by worrying about outcomes that may never happen or by getting frustrated about your past experiences as a father. Rather, taking advantage of every opportunity you must think about what is in your child’s best interests. Once you have done this, creating a plan for achieving those goals is one of the most important things you can do as a parent. Combining these endeavors positions you well in a child custody case. This is true no matter what your history has been as a father.
Cooperating with the court and your co-parent
It is easy to get frustrated during a family law case. This is true both for mothers and fathers. The process is long. It is emotionally draining. There are challenges when it comes to navigating the legal system. Nobody is saying that this family law case is going to be a piece of cake. However, there are some aspects of a family law case that can be more challenging than others.
It is the experience of the attorneys with the Law Office of Bryan Fagan that parents initially struggle to work together in a case. This is for obvious reasons. There are family dynamics and emotions which can complicate the co-parenting process early in a case. By working with your co-parent to cooperate you can’t avoid unfavorable outcomes for your child. Many times, parents focus so intently on their dislike of the other person that they lose track of what they are going through in the family law case. Namely, that you and your co-parent are attempting to work together to benefit the life of your child.
Making communication a priority means taking the first step. Do not expect your co-parent to be overly enthusiastic about the idea. If you are being honest with yourself, you probably aren’t head over heels excited about talking to your co-parent consistently. However, that does not mean that you cannot see some benefit in it. Begin by talking to your co-parent about the most preferable times to reach out to Her. Simply by showing some consideration for the well-being of your co-parent, you may find that the foundation for better parenting is already being laid.
Joint managing conservatorships
In a Texas child custody case, the presumption is that a joint managing conservatorship is in the best interests for you as a father and your child. A joint managing conservatorship involves both you and your co-parent sharing in the day-to-day parenting responsibilities. Many children tend to do very well with both of their parents playing an active and involved role in their lives. Unless evidence to the contrary is presented to your court this is what the arrangement will be like for you and your family.
Within a joint managing conservatorship, there are specific parenting roles that both you and your co-parent take on. One of the most significant differences between parents and a joint managing conservatorship involves naming one of you as the primary conservator. A primary conservator has the right to determine the primary residence of the child. In other words, this is the parent with whom the children will reside primarily.
Along with the right to determine the primary residence of the children comes the right to make financial decisions as well as receive child support. Many rights and duties concerning your children will be shared on an even basis across the board. However, family law cases often hinge on those few rights and duties that provide disproportionate rights to one parent or the other. It is in these areas where you need to seriously consider hiring an experienced family law attorney. An attorney knows how to work with you and your family to resolve disputes.
Supervised and stair-step visitation for father and child custody
Is there a history of family violence, drug use, or alcohol abuse in your family? If so, then the subjects of supervised or stair-step visitation may become relevant. Supervised visitation involves a third party observing visitation sessions between you and your children or your spouse and your children. Supervised visitation may be in the best interest of you when a parent has shown an inability to care for the best interest of your children. In that case, more time may be needed to help that parent work on their parenting skills and better acclimate themselves to unsupervised, independent parenting.
Once a parent has shown an ability to care for the best interest of their children then stair-step visitation may become an option. Stair-step visitation refers to visitation involving the gradual increase of parenting time. For instance, consider a situation where your co-parent has an alcohol addiction. Normally, this would be a cause for major concern. However, because your co-parent attended therapy and counseling, she has been able to read her life of alcohol. As a result, she is now wanting to be able to spend more time with your children.
Supervised visitation may no longer be appropriate but a stair step in visitation would be. This allows your co-parent to spend more time with the children in a more controlled setting. Again, working with an experienced family law attorney allows for this arrangement to be facilitated at an appropriate level.
Final thoughts on father and child custody cases
Most father involved in family law cases have the best interests of their child and custody in mind. However, fathers also tend to deal with challenges that result from their parental role. Being the primary breadwinner of a family means not being the primary caretaker in most circumstances. This means having reasonable expectations when it comes to winning rights like the primary conservator. However, that does not mean that it would be impossible for you to win these rights. It just takes a certain amount of preparation and favorable facts.
Thank you for choosing to spend part of your day today with the Law Office of Bryan Fagan. Our attorneys and staff worked tirelessly for mothers and fathers to help them achieve their goals in various types of family law cases.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
