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Examining the Rights and Duties of Texas Parents, Part Two

Examining the Rights and Duties of Texas Parents, Part Two

When clients come into the Law Office of Bryan Fagan, PLLC to discuss their family law questions and problems it is frequent that I will hear him or her use the term “fight” or “war” or “battle” to describe what is going on at home. As a parent, I can understand how emotionally involved these folks feel about their children and their family. If you’re reading this blog post you probably find yourself in a similar situation.

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.

Avoiding Custody Battles: Aligning with Texas Family Code for Your Child’s Best Interest

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 the rights 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.

Examining the Rights and Duties of Texas Parents, Part Two

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

Examining the Rights and Duties of Texas Parents, Part Two

If you believe you need exclusive rights to make decisions for or with your child, prepare for a likely court return with a lawsuit from the other parent after your initial case concludes. Conversely, if you view your rights and duties as shared with the other parent, your child will likely benefit from more contact with 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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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 CustodyLawyersright away to protect your rights.

Our child custodylawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles child custodycases in Houston, Texas, Cypress, Klein, Humble, KingwoodTomballThe Woodlands, the FM 1960 area, or surrounding areas, including Harris CountyMontgomery CountyLiberty County, Chambers CountyGalveston CountyBrazoria CountyFort Bend County and Waller County.

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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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