Child Custody for Fathers | Fort Worth Dads Child Custody

Navigating child custody can be particularly challenging for fathers. Despite evolving societal norms, many fathers feel disadvantaged in custody disputes. There’s a common misconception that Texas law favors mothers. This misconception about child custody for fathers is so prevalent that we have pointed directly to the statutory authority in each section of this article to help you address it. This guide aims to provide valuable insights and practical advice for fathers seeking custody in Texas, emphasizing the importance of paternal involvement in children’s lives.

Understanding Child Custody in Texas

Types of Custody: Legal and Physical

In Texas, custody is referred to as “conservatorship” and is categorized into legal and physical custody:

• Legal custody (conservatorship): The right to make important decisions about the child’s upbringing, including education, healthcare, and religious instruction.
• Physical custody (possession): Determines where the child will live and the visitation schedule.

Statutory basis: Texas Family Code, Title 5, Subtitle B, Chapter 153, Subchapter C

Joint Managing Conservatorship vs. Sole Managing Conservatorship

Texas law favors Joint Managing Conservatorship (JMC), where both parents share decision-making responsibilities. Sole Managing Conservatorship (SMC) is granted when one parent is given exclusive rights to make significant decisions for the child, often due to the other parent’s inability to provide a stable environment.

Statutory basis: Texas Family Code Section 153.131

Common Misconceptions About Father’s Rights in Child Custody

Debunking the “Mother Bias” Myth

A prevalent myth is that courts favor mothers in custody cases. However, Texas law mandates equal consideration for both parents, focusing on the child’s best interest rather than gender.

Statutory basis: Texas Family Code Section 153.003

Equal Rights for Both Parents Under Texas Law

Texas law ensures that both parents have equal rights and opportunities in custody disputes. Fathers are entitled to pursue custody and visitation rights on an equal footing with mothers.

Statutory basis: Texas Family Code Section 153.003

Factors Affecting Child Custody Decisions in Texas

Best Interest of the Child Standard

The primary consideration in custody decisions is the best interest of the child. Courts evaluate various factors to ensure the child’s well-being, as outlined in the landmark case Holley v. Adams.

Statutory basis: Texas Family Code Section 153.002

Parental Fitness and Ability to Provide

Courts assess each parent’s fitness and ability to provide for the child’s needs, evaluating factors such as:

• Mental and physical health
• Financial stability
• Overall ability to create a nurturing environment

Statutory basis: Texas Family Code Section 153.134

Child’s Preference (If Applicable)

In Texas, a child 12 years or older may express their preference regarding which parent they wish to live with. However, this is not the sole determining factor in custody decisions.

Statutory basis: Texas Family Code Section 153.009

History of Domestic Violence or Substance Abuse

Any history of domestic violence or substance abuse can significantly impact custody decisions. Texas law mandates that courts consider evidence of domestic violence or abuse when determining conservatorship and possession.

Statutory basis: Texas Family Code Section 153.004

Getting Sole Managing Conservatorship as a Father

In Texas, it is challenging for any parent to get Sole Managing Conservatorship, so that’s true for fathers as well. Here are some key factors and circumstances that may lead to a father being awarded SMC:

Evidence of Abuse or Neglect

If there is evidence that the other parent has abused or neglected the child, the court may consider granting SMC to the father. This includes physical, emotional, or sexual abuse, and neglect of the child’s basic needs.

Substance Abuse Issues

If the other parent has a history of substance abuse that affects their ability to care for the child, the court may favor the father for SMC. This includes alcohol or drug abuse that endangers the child’s welfare.

Domestic Violence

A history of domestic violence by the other parent is a significant factor. The court prioritizes the child’s safety and may grant SMC to the father to protect the child from potential harm.

Mental Health Concerns

If the other parent has severe mental health issues that impair their ability to care for the child, the court may consider awarding SMC to the father. This includes untreated mental illnesses that affect parenting capabilities.

Parental Absence or Uninvolvement

If the other parent is consistently absent from the child’s life or shows a lack of involvement and interest in the child’s upbringing, the court may grant SMC to the father.

Child’s Preference

If the child is 12 years or older and expresses a clear preference to live with the father, the court may consider this preference, especially if it aligns with the child’s best interests.

Parental Cooperation and Ability to Co-Parent

If the father demonstrates a higher capacity for co-parenting and cooperation compared to the other parent, the court may favor SMC for the father. This includes willingness to facilitate the child’s relationship with the other parent and overall parental cooperation.

Challenges in Obtaining Sole Managing Conservatorship

While the above factors can support a case for SMC, obtaining SMC can still be difficult due to several reasons:

High Burden of Proof

The father must provide substantial evidence to support claims of abuse, neglect, substance abuse, or other relevant factors.

Preference for Joint Custody

Texas courts prefer joint custody arrangements to ensure the child maintains a relationship with both parents.

How Fathers Can Improve Their Custody Case

Establishing Paternity

Establishing legal paternity is crucial for fathers seeking custody. This can be done through a voluntary acknowledgment or court order.

Maintaining Active Involvement in the Child’s Life

Active and consistent involvement in the child’s life is vital. Regular visitation, attending school events, and participating in extracurricular activities demonstrate commitment and strengthen the custody case.

Documenting Parenting Time and Contributions

Keeping detailed records of parenting time, financial contributions, and other forms of support can provide valuable evidence in custody proceedings.

Creating a Suitable Living Environment

Ensuring a stable and safe living environment is essential. Fathers should provide adequate housing, ensure the child’s needs are met, and maintain a clean and child-friendly home.

Recent Changes in Texas Family Law Affecting Fathers’ Rights

Landmark Supreme Court of Texas Cases

In re C.J.C. (2020)

In this landmark case, the Supreme Court of Texas unanimously upheld the constitutional rights of fit parents. The court ruled in favor of a biological father who was fighting for custody against his deceased ex-partner’s fiancé. Key points from this ruling include:

• The court held that when a fit parent’s rights are challenged by a non-parent, the “best interest” analysis must include the presumption that a fit parent acts in the child’s best interest.
• This decision reinforced the rights of biological parents over non-relatives in custody disputes.
• The ruling garnered national attention due to its important constitutional implications for parents in Texas.

Legislative Updates

Texas 82nd Regular Session – SB 785

This law, which came into effect after September 1, 2012, addresses paternity issues:

• It allows men who have been ordered to pay child support without genetic testing to request such testing to determine if they are the biological father.
• Men must file a petition to determine genetic parentage within one year of becoming aware of facts indicating they may not be the child’s genetic father.

Current Legal Landscape for Fathers’ Rights in Texas

Texas law now emphasizes equal footing for fathers and mothers in custody, support, and decision-making for their children. Key aspects include:

• Fathers have the same legal rights as mothers regarding care, custody, and welfare of their children.
• Courts aim for conservatorship arrangements that provide frequent and continuing contact with both parents.
• Fathers can be appointed as sole or joint managing conservators.
• The state recognizes various ways to establish paternity, including presumption through marriage, voluntary acknowledgment, or legal proceedings.

Implications for Fathers

These developments have significant implications for fathers in Texas:

• Equal Consideration: Courts are required to give equal consideration to fathers and mothers in custody decisions.
• Protection of Fit Parents’ Rights: The Supreme Court rulings reinforce the rights of fit biological parents over non-relatives in custody disputes.
• Paternity Challenges: Fathers now have a legal pathway to challenge paternity if they suspect they are not the biological father.
• Stricter Standards in Drug-Related Cases: The court’s interpretation of “endangerment” means fathers struggling with substance abuse may face stricter scrutiny in custody cases.
• Emphasis on Active Involvement: Fathers demonstrating active involvement in their children’s lives are more likely to secure favorable custody and visitation outcomes.

How Our Fort Worth Family Law Attorney Helps Fathers

Fathers play a vital role in their children’s lives, and asserting their rights in custody disputes is essential. Understanding Texas family law and seeking legal counsel can significantly improve the chances of a favorable outcome. If you are a dad who is fighting for custody of your child in Tarrant County, reach out. We can help. Call 817-203-2220 to schedule a consultation with an experienced North Texas family lawyer.