A subject near and dear to my heart is that of fathers’ rights in Texas related to family law cases. No, fathers do not have specific rights laid out in the Texas family code compared to mothers, but this is a popular subset of the area of family law, and I believe it has some merit given the perception in many circles that women and mothers are favored in family law cases compared to men in fathers. While the law explicitly states that no preference is to be given when determining custody roles for men or women, the reality of the situation is that women in mothers are perceived to be at an advantage when assigning custody rights and determining visitation.
When the perception is so overwhelmingly favorable towards mothers than fathers, I believe that there is some merit in discussing this issue in depth. Any fathers out there Who believe that their case is lost before they even started can understand that no family law case is decided in a vacuum. The fax, circumstances, and relationships evident in your case will determine how well you do to accomplish the goals you have set forth for yourself in your child custody or divorce case.
The Texas family code explicitly states that no preference is given to mothers or fathers when determining capacity issues. That means that a judge is not going to assume that because your spouse is a woman, she is better capable of managing your children's day-to-day life. The same can be said for you as a father. It will not be assumed that you cannot handle matters related to your children only because you are a father. No presumption of this sort will be made in the family code forbidding any kind of preference given to either parent based on their sex or gender.
You may be surprised to learn that many fathers believed that the family code not only doesn't state something like this but also states that mothers are to be given preference for issues related to custody and custody rights. I think somewhere along the line, A history of cases going against fathers, the perception that fathers are mostly deadbeat dads or something similar have all come together and give men the impression that their relationships with their kids do not matter. From experience, I can tell you that this is not the case and that this incorrect stereotype should not prevent you from moving forward with a family law case of your own.
I have seen first-hand how damaging it can be to children for a father not to play an active role in their lives. It can be extremely frustrating to see a father enter in to do a family law case and immediately start acting as if he is the second-best parent not based on the circumstances of the family but more so based on the rumors, stereotypes, and false perception that fathers matter more when it comes to paying child support and things of that nature rather than actually being able to build a relationship with their children.
With that said, I would like to take some time to discuss with you what rights and duties apparent has about their children in a divorce or child custody case. Once we have established the basics of custody, conservatorships, and visitation in possession, we can get into more specific issues related to fathers in a family law context. While mothers and fathers are largely treated equally in a family law case by a court, I have noticed that some fathers take on similar characteristics, and as a result, I want to discuss those issues right now.
Issues related to custody in a Texas family law case
Whether you are going through a child custody or divorce case, you need to know about each's basic components so that you are better prepared for when your case begins. For starters, a child custody case does not merely deal with dividing time between you and your Co-parent with your child. Yes, possession and visitation are big parts of a child custody case but so are issues regarding conservative ship and child support. Conservatorships refers to the rights and duties that a parent has about their children. As a conservator of your child, you have the right to make decisions on their behalf, to spend time with your child Ann have duties associated with providing the basics and life for him or her. What we refer to more commonly as custody is more accurately defined as conservatorships.
Child support is another issue and topic that is covered in divorce and child custody cases. The parent with whom the child does not reside primarily will be assigned the duty to pay support to the other parent to ensure that that child has the basics of life such as shelter, food, clothing of basic education, and things of that nature. The Texas family code outlines certain guidelines for paying child support, set into place in many Texas family law cases. However, keep in mind that parties such as yourself can negotiate with the Co-parent and create your own child support structure.
Finally, visitation, possession, and access issues are also determined within a child custody case. These are the issues related to how many parents focus on a great deal during the child custody or divorce case. This is understandable given that we value our time with our kids such a great deal. However, keep in mind that all of the issues in your family law case that we have discussed briefly are important and should have some time devoted to between you and your attorney.
These issues have a relationship with each other, and none should be decided in a vacuum. Ideally, all of these issues will be weighed together and negotiated upon to understand that one impacts the other in a symbiotic and sometimes adverse aerial relationship. Given this, You and your attorney, she is prepared Tim to negotiate each subject and to have evidence in strong reasoning backing you up regarding any of these subjects. Keep in mind that you can wander into a child custody case, but you cannot wander out of a child custody case with the result that you like.
Rather, I recommend that you be as intentional as possible when it comes to negotiating issues regarding child custody and developing plans with your attorney on how to negotiate a case and how to try a case should it become necessary for you to take your case before a judge. There is a fine line between being reasonable with your Co-parent in negotiation and completely bowing down to her when you are pushed back upon. If you do so out of a misguided idea that a judge will never side with you and issues related to custody, then you should read on and find out why that is not necessarily the case.
How the court determines custody issues and how men approach this subject
Right off the top, I want to talk about how unlikely it is your child custody case will actually go before a judge. The most likely outcome to your family law cases is that you and your Co-parent will settle the mediation case. This means that you will never have to go before a judge, and much of what I talked to you about in this section today will be moved. However, I think it bears mentioning that there is a possibility that your case may go before a judge. As a result, you should be prepared to give testimony before a judge and understand how a judge will decide your case in all likelihood.
A judge must make decisions about your child custody case with your child's best interest in mind. Otherwise, they are given fairly wide discretion as to how to decide issues regarding this subject. Your child's best interests are a pretty broad standard to go by, and that is done on purpose. The state of Texas wants to allow family court judges to build the user experience and opinions to make determinations on a case by case basis.
This means that your judge's personal impressions and the specific circumstances in your case are the most important factors to keep in mind. Therefore, you cannot rely upon other people's opinions or experiences to dictate how you should feel about your case. So much of your cases depend on your case's specific facts and your specific judge that listening to other people about their experiences in family law cases will likely not be all that helpful.
When it comes to fathers in their approach to child custody cases, you need to understand that much of the case will be decided before you ever step foot in court. This means that your history as a father will be looked at, and decisions will be made about custody, conservatorships, Visitation in possession-based in large part on your track record as a parent. This means that if you are involved in the active part of your child's life, then you have every right in the world to expect an equal shot at becoming a primary Conservatory of your child. On the other hand, if you have not displayed a willingness or ability to act in this way towards your child, you should not expect a family court judge to consider your case to be a primary conservator as strongly as your spouse.
Where fathers 10 two missteps about their custody case are initially, I cannot tell you how often fathers go into a family law case with the idea that they're playing for 2nd place. As long as I get some time with my kids, many fathers will tell me I will be happy. Meanwhile, this father could have been a terrific parent who is active and involved in their child's life. Even so, the perception that mothers have a preference in a judge's eyes when it comes to being named as primary conservator tends to dictate how fathers act in a case. Fathers tend to take a back seat to mothers to make aggressive plays for primary conservatorships and time with the kids. I think this is a mistake.
Another important point to keep in mind is that fathers need to be intentional during the case. This means that you cannot rely upon your attorney to develop a strategy for you or two to prepare for hearings, mediations, or trial period. You must be as active as A purchase print in your family law case as you are an active parent. This means developing case strategies with your attorney, providing your attorney with evidence, documents, and information as needed, and working to take advantage of all the time you are given with your child during the divorce. If you can remember these basic pieces of advice, then you will be in a good position to start your child custody case off on the right foot.
Questions about the material contained in today's blog post? Contact the Law Office of Bryan Fagan
if you have any questions about the material contained in today's blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about Texas family law and the services that our law office can provide to you as a client. Thank you for your interest in our blog, and we hope you will join us again here tomorrow.
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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.
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