What Are a Father’s Rights in Texas?
A father in Texas has the same legal rights as a mother regarding custody, visitation, and decision-making for their children. Under Texas Family Code Chapter 153, courts cannot favor one parent over another based on gender. Fathers have the right to be appointed as a managing conservator (custodial parent), receive court-ordered possession time with their children, participate in major decisions about education and healthcare, and access their child’s school and medical records.
The foundation of these rights is establishing legal paternity. Once paternity is established, whether through marriage, an Acknowledgment of Paternity form, or DNA testing, Texas law treats fathers and mothers equally in custody proceedings.
How Is Paternity Established in Texas?
Texas law recognizes several ways a man becomes the legal father of a child. Texas Family Code Section 160.204 outlines when paternity is presumed automatically and when additional steps are required.
Paternity is presumed automatically when:
- The child is born during a marriage or within 301 days after the marriage ends
- The father married the mother after the child’s birth and voluntarily asserted paternity by filing with the Texas Bureau of Vital Statistics, being named on the birth certificate, or promising in writing to support the child
- An unmarried father lived continuously with the child during the first two years of life and represented to others that the child was his own
When paternity is not presumed, fathers have two options: sign an Acknowledgment of Paternity (AOP) form with the mother, or request a court-ordered DNA test. The DNA test involves a simple cheek swab and results typically arrive within four to six weeks. Once paternity is established, courts can issue orders for custody, visitation, and child support.
What Custody Rights Do Fathers Have in Texas?
Texas uses the term “conservatorship” instead of custody. A father can be appointed as the sole managing conservator, joint managing conservator, or possessory conservator depending on what serves the child’s best interests.
Joint managing conservatorship is the most common arrangement in Texas. Under Texas Family Code Section 153.131, courts presume that appointing both parents as joint managing conservators is in the child’s best interest unless evidence shows otherwise. This means both parents share rights and duties, including decisions about the child’s education, medical care, and religious upbringing.
A father can also be named the primary conservator, meaning the child lives primarily with him. Courts no longer assume mothers should automatically receive primary custody. The determining factor is always the child’s best interest, not the parent’s gender.
What Visitation Schedule Can a Father Expect?
Texas provides a Standard Possession Order (SPO) that sets minimum visitation time for the noncustodial parent. According to the Texas Attorney General’s guidelines, the schedule depends on how far apart the parents live.
When parents live within 100 miles of each other:
- First, third, and fifth weekends of each month (Friday 6 PM to Sunday 6 PM)
- Every Thursday evening (6 PM to 8 PM)
- 30 days during summer break
- Alternating holidays including Thanksgiving, Christmas, and spring break
When parents live more than 100 miles apart:
- One weekend per month (or first, third, and fifth if parents agree)
- Spring break every year
- 42 days (six weeks) during summer break
- Alternating holidays
- No Thursday evening visitation
These are minimum guidelines. Parents can agree to more generous schedules, and many fathers successfully negotiate expanded possession time through mediation or court orders.
What Factors Do Texas Courts Consider in Custody Decisions?
Texas courts make custody and visitation decisions based solely on what serves the child’s best interests. Under Texas Family Code Section 153.002, courts prioritize the child’s physical and emotional needs over either parent’s preferences.
Factors courts evaluate include:
- Each parent’s physical and emotional ability to care for the child
- The child’s current and future needs
- Stability of each parent’s home environment
- The child’s own wishes (particularly for children 12 and older)
- Any history of family violence or substance abuse
- Each parent’s willingness to support the child’s relationship with the other parent
- Geographic proximity of the parents’ homes
Courts also examine each parent’s involvement in the child’s daily life, including participation in school activities, medical appointments, and extracurricular events. A father who demonstrates consistent, active involvement often has a stronger position in custody proceedings.
Can a Father Modify an Existing Custody Order?
Yes. Under Texas Family Code Chapter 156, either parent can request a modification if circumstances have materially and substantially changed since the original order was entered. Common reasons fathers seek modifications include:
- Relocation of the custodial parent
- Changes in work schedules that allow more parenting time
- Concerns about the child’s safety or wellbeing
- The child reaching an age where their preferences carry more weight
- The other parent interfering with possession time
Texas law also allows for modification if the child is 12 or older and expresses a preference about which parent they want to live with primarily. The child can sign a statement of preference, and the court must consider it, though the judge still makes the final decision based on best interests.
What Should a Father Do If the Mother Denies Visitation?
Denying court-ordered visitation is a serious matter in Texas. If the mother refuses to follow a possession order, the father has several legal options.
First, document every denied visit with dates, times, and any communication. This creates a record for the court. Second, file a motion for enforcement with the court that issued the original order. Under Texas Family Code Chapter 157, courts can hold a parent in contempt for violating custody orders, which can result in fines, jail time, or both.
Courts can also award makeup possession time to compensate for denied visits. In some cases, repeated violations of custody orders can lead to a modification that gives the father primary custody.
One mistake fathers sometimes make is stopping child support payments in response to denied visitation. Under Texas law, child support and visitation are separate obligations. Withholding support can result in enforcement actions against the father, regardless of the mother’s behavior regarding visitation.
Do Unmarried Fathers Have the Same Rights as Married Fathers?
Once paternity is legally established, unmarried fathers have identical rights to fathers who were married to the child’s mother. The process simply requires an additional step of establishing paternity through an Acknowledgment of Paternity form or DNA testing.
Without establishing legal paternity, an unmarried father has no automatic rights to custody or visitation, even if his name appears on the birth certificate. This is why establishing paternity quickly is essential for fathers who want to maintain a relationship with their children.
After paternity is established, the father can file a Suit Affecting the Parent-Child Relationship (SAPCR) to obtain court orders for conservatorship, possession, and child support. The same standards apply as in divorce cases: the court will determine arrangements based on the child’s best interests.
How Can a Father Protect His Parental Rights?
Fathers navigating custody matters in Texas should take proactive steps to protect their rights:
Stay involved in your child’s life. Attend school events, medical appointments, and activities. Courts look at each parent’s actual involvement when making custody decisions.
Keep detailed records. Document your time with your child, maintain copies of communication with the other parent, and save receipts for expenses related to your child.
Follow court orders precisely. Pay child support on time and in full. Exercise your possession time consistently. Violating orders, even in minor ways, can hurt your position in future proceedings.
Communicate in writing. Use text messages or email for discussions about the child. This creates a record that can be helpful if disputes arise.
Work with an experienced family law attorney. Texas custody law has nuances that can significantly affect outcomes. An attorney who regularly handles father’s rights cases can help you avoid costly mistakes.
Frequently Asked Questions About Father’s Rights in Texas
Can a mother move out of state with the child without the father’s permission?
If a custody order exists, relocation typically requires either the father’s consent or court approval. Most Texas custody orders include a geographic restriction requiring the child to reside within a specific county or group of counties. A mother who relocates without following proper procedures can face enforcement actions and potential modification of custody.
How long does it take to establish paternity in Texas?
If both parents agree to sign an Acknowledgment of Paternity form, paternity can be established immediately at the hospital or later at the Vital Statistics office. If a court-ordered DNA test is required, the process typically takes four to six weeks for results plus additional time for the court hearing.
Can a father get full custody in Texas?
Yes. A father can be named sole managing conservator if the court determines it serves the child’s best interests. Situations that might support sole custody include the other parent’s history of family violence, substance abuse, child neglect, or inability to provide a stable environment.
What if the mother denies that the man is the father?
A man who believes he is the father can file a petition to establish paternity with the court. The court can order DNA testing, and if the test confirms paternity, the man will be recognized as the legal father with all associated rights and responsibilities.
Does a father have to pay child support if he has 50/50 custody?
Possibly. Texas calculates child support based on each parent’s income and the amount of time the child spends with each parent. Even in equal possession arrangements, the higher-earning parent may be ordered to pay support to the lower-earning parent to ensure the child’s standard of living is consistent in both homes.
Talk to a Fort Worth Father’s Rights Attorney
Understanding your rights is the first step. Protecting them requires knowledgeable legal representation. At Varghese Summersett Family Law Group, our attorneys have helped fathers across North Texas secure favorable custody arrangements, enforce visitation orders, and establish paternity.
If you’re facing a custody dispute, paternity question, or any other issue involving your rights as a father, we’re here to help. Call (817) 900-3220 to schedule a consultation with an experienced family law attorney.
