Divorce is difficult for everyone involved. For fathers in Texas, protecting your relationship with your children and ensuring your rights are respected can feel especially daunting. Texas law is gender-neutral: mothers and fathers start with equal standing. The key is demonstrating consistent involvement and focusing on the best interests of your child.
Your Legal Standing as a Father
Equal Standing Under Texas Law
Texas courts do not presume mothers should get preference. Both parents begin on equal footing for rights and duties related to their children.
Establishing Legal Fatherhood (If Needed)
If you were not married to the child’s mother or did not sign an Acknowledgment of Paternity, confirm legal paternity early. Without it, you may be limited in seeking conservatorship or possession rights.
Conservatorship, Possession, and Support
Conservatorship (Decision-Making)
Texas uses “conservatorship,” not “custody.” Most cases begin with a presumption of Joint Managing Conservatorship, where both parents share decision-making (education, medical care, and other major decisions). In certain situations, a parent may seek Sole Managing Conservatorship.
Possession and Access (Parenting Time)
When one parent has the child the majority of the time, the other usually receives a schedule under a Standard Possession Order (SPO) or Expanded SPO. These orders create predictable, enforceable parenting time.
Child Support
Child support applies equally to mothers and fathers. Amounts typically follow statutory guidelines based on income, number of children, and the possession schedule.
The Best Interest of the Child Standard
Every decision involving children is guided by the child’s best interest. Courts consider:
- The child’s physical and emotional needs
- Each parent’s ability to meet those needs
- Stability of each home environment
- Any history of family violence, substance abuse, or neglect
- A child’s preference, when the child is mature enough to express one
Practical Steps Fathers Can Take Now
- Document involvement: Keep records of school events, medical appointments, activities, and daily routines.
- Stay present: Remain engaged with your child during separation and litigation.
- Be cautious about leaving the home: Sudden changes may affect perceptions of who provides day-to-day care.
- Request temporary orders: Establish a parenting schedule early to maintain stability.
- Communicate professionally: Keep communications civil and in writing when appropriate.
- Follow all orders: Reliability matters to courts.
- Track expenses: Keep receipts and logs for child-related costs.
- Seek modification if needed: If work schedules or circumstances change, request adjustments through the court.
- Work with experienced counsel: Local family-law experience can be critical.
Common Mistakes to Avoid
- Assuming the law favors mothers and giving up early
- Failing to establish legal paternity when required
- Moving out and reducing involvement without a plan
- Ignoring social media risks during litigation
- Waiting too long to request temporary orders or to enforce existing orders
Special Situations
Relocation
If the other parent seeks to move, especially out of state, you may need to contest relocation or modify orders to preserve meaningful time with your child.
Unmarried Fathers
Confirm legal paternity and seek court orders for conservatorship and possession. Do not rely only on informal agreements.
Allegations of Misconduct
Address any allegations (abuse, neglect, substance issues) immediately and through counsel. These issues carry significant weight in custody decisions.
How Grimes & Fertitta Can Help
Fathers have critical, irreplaceable roles in their children’s lives. Our team builds strong, evidence-driven cases that reflect your involvement and the child’s best interest. We help with temporary orders, parenting plans, enforcement, and modifications.
Call 713-224-7644 or contact Grimes & Fertitta online for a confidential consul
