Our fatherโs rights lawyer in Southlake helps fathers secure equal custody rights, expanded parenting time, and a meaningful role in their childrenโs lives. At Varghese Summersett, our attorneys understand that Texas law treats both parents as equals. We fight aggressively to protect your parental rights and ensure the court recognizes your importance in your childโs upbringing.
Texas courts start with a presumption that joint managing conservatorship serves a childโs best interests. This means fathers have the same legal standing as mothers when it comes to custody, decision-making, and parenting time. If youโre facing a custody dispute, divorce, or modification case, our Southlake fatherโs rights attorneys can help you understand your options and build a strong case for the outcome you want.
What Does a Fatherโs Rights Lawyer Do?
A fatherโs rights lawyer focuses on making sure courts treat you as an equal parent under the Texas Family Code. They use the same statutes as any custody attorney but frame every fact and legal argument to secure strong conservatorship rights, possession schedules, and decision-making authority for you.
Our Southlake family lawyers handle a wide range of fatherโs rights issues, including:
- Joint managing conservatorship to share major decisions about education, medical care, and psychological treatment
- Primary or expanded possession schedules, including equal or near-equal time when the facts support it
- Designation as the parent who determines the childโs primary residence
- Enforcement actions when the other parent violates court orders or withholds visitation
- Modifications to increase parenting time or change custody arrangements
- Protection against false allegations of abuse, violence, or neglect
- Defense against third-party claims from grandparents or stepparents
What Rights Do Fathers Have in Texas Custody Cases?
Texas law does not favor mothers over fathers. Under Texas Family Code ยง 153.002, the best interest of the child always guides custody decisions. There is also a statutory presumption that appointing both parents as joint managing conservators serves the childโs best interests, absent family violence or other serious concerns.
As a father, you have the right to:
- Be considered equally with the mother for custody and conservatorship
- Share in major decisions affecting your childโs education, medical care, and religious upbringing
- Receive meaningful parenting time through the Standard Possession Order or an expanded schedule
- Be named the parent who determines where your child lives
- Receive Fatherโs Day possession each year, even if you are not the primary conservator
- Have your constitutional rights as a fit parent protected against interference from non-parents
The U.S. Supreme Court recognized in Troxel v. Granville that parents have a fundamental liberty interest in the care, custody, and control of their children. Texas courts have reinforced this through In re C.J.C., holding that the constitutional presumption favoring fit parents applies even in modification cases and when third parties seek conservatorship.
How Do Texas Courts Determine the Best Interest of the Child?
Courts weigh multiple factors when deciding custody arrangements. Under Texas Family Code ยง 263.307 and related case law, judges consider:
- The childโs emotional and physical needs now and in the future
- Each parentโs ability to meet those needs
- The stability of each parentโs home environment
- History of caregiving and involvement in the childโs life
- Each parentโs work schedule and availability
- The childโs preference (if the child is 12 or older)
- Any history of family violence, abuse, or neglect
- The physical and mental health of each parent
Our fatherโs rights lawyer builds your case by gathering evidence that shows you are a stable, engaged parent. This includes documenting your involvement at school, attendance at medical appointments, counseling records, and support from extended family. Every factual point ties back to showing the court that having you actively involved serves your childโs best interests.
What Is Joint Managing Conservatorship?
Joint managing conservatorship (JMC) is the most common custody arrangement in Texas. Under JMC, both parents share the rights and duties of raising their child. This typically includes:
- The right to receive information about the childโs health, education, and welfare
- The right to confer with the other parent on major decisions
- The right to access medical and educational records
- The right to attend school activities and events
Even in joint managing conservatorship, one parent is usually given the exclusive right to determine the childโs primary residence. This is often the parent with whom the child spends most of their time. However, fathers can be named as the primary parent when the evidence supports it.
If youโre fighting for child custody as a father, our attorneys can help you pursue either joint managing conservatorship with expanded possession or, when appropriate, primary custody of your children.
What Is the Standard Possession Order in Texas?
For children 3 years and older, Texas presumes the Standard Possession Order (SPO) is in the childโs best interest. The SPO typically provides the non-primary parent with:
- First, third, and fifth weekends of each month
- One weeknight each week during the school year
- Alternating holidays (Thanksgiving, Christmas, Spring Break)
- Extended summer possession (typically 30 days)
- Fatherโs Day weekend every year
Many fathers seek an Expanded Standard Possession Order, which increases parenting time by extending weekends and adding overnight visits. In some cases, fathers can obtain a 50/50 schedule when logistics and co-parenting dynamics support equal time.
If you want more time with your children, a fatherโs rights attorney can present evidence showing why expanded possession or equal time serves your childโs best interests.
How Can a Father Get Primary Custody?
Fathers can be named sole managing conservator or the parent with the exclusive right to determine residence when the evidence shows this arrangement serves the childโs best interests. Courts may award primary custody to a father when:
- The mother has a history of substance abuse or addiction
- There is evidence of neglect or child endangerment
- The mother has mental health issues that affect her parenting ability
- The father has been the primary caregiver throughout the childโs life
- The mother has interfered with the fatherโs access to the child
- The mother plans to relocate and remove the child from the fatherโs life
To pursue primary custody, your attorney will help you gather documentation, witness testimony, and other evidence demonstrating why primary placement with you is in your childโs best interest.
Take the first step toward resolution. Call (817) 203-2220 to speak with a Southlake fatherโs rights attorney.
What If the Mother Wonโt Follow the Court Order?
When the other parent denies visitation, withholds the child, or otherwise violates a court order, you have legal options. A fatherโs rights lawyer can file an enforcement action asking the court to hold the mother in contempt. Consequences for violating custody orders include:
- Make-up time for missed visitation
- Fines and court costs
- Modification of the custody order
- Jail time in serious cases
If youโre being denied time with your children, document every violation and contact an attorney promptly. Texas courts take enforcement seriously, and repeated violations can lead to significant changes in custody arrangements.
Can Fathers Protect Against False Allegations?
False allegations of abuse, violence, or neglect are unfortunately common in contentious custody disputes. These accusations can restrict your parenting time, require supervised visitation, or even lead to criminal charges. A skilled Texas fatherโs rights attorney knows how to:
- Challenge weak or fabricated evidence
- Present testimony and documentation refuting the allegations
- Request drug testing, psychological evaluations, or other evidence that supports your case
- Work with investigators to uncover the truth
- Protect your rights throughout CPS investigations
Texas Family Code ยง 153.004 addresses family violence in custody cases. While courts must protect children from genuine threats, false accusations should not be rewarded. Your attorney will fight to preserve your parental rights while ensuring your childโs safety.
Watch: Divorce and Custody for Dads
How Can a Father Modify a Custody Order?
If circumstances have changed since your original custody order, you may be able to modify it to increase your parenting time or decision-making authority. To modify a custody order in Texas, you must show there has been a material and substantial change in circumstances affecting you, the other parent, or the child.
Common grounds for modification include:
- The other parent is denying court-ordered access
- The child is older and has expressed a preference to spend more time with you
- Your work schedule has changed, allowing more availability
- The other parent has developed substance abuse or mental health issues
- The other parent plans to relocate with the child
- You have become the more stable parent
Protect what matters most. Speak with a child custody lawyer about your options.
What About Third-Party Custody Claims?
Sometimes grandparents, stepparents, or other third parties try to obtain custody or expanded access to your child. Texas law provides strong protections for fit parents against such interference.
Under the constitutional fit-parent presumption established in Troxel and reinforced in In re C.J.C., courts presume that a fit parent acts in their childโs best interests. This means third parties must overcome a significant legal burden to interfere with your parental rights.
If a grandparent or stepparent is seeking conservatorship or access to your child, a fatherโs rights attorney can assert your constitutional rights and limit or defeat their claims.
Why Choose Varghese Summersett for Fatherโs Rights Cases?
Varghese Summersett Family Law Group is a division of Varghese Summersett, a firm with more than 70 attorneys and staff across four Texas offices, including Southlake. Our family law team includes experienced litigators who understand both the legal strategies and emotional challenges involved in custody disputes.
We take a father-focused approach to every case, which means:
- We treat your parental role as equally valid as the motherโs
- We aggressively gather evidence showing your involvement and stability
- We use the presumption for joint managing conservatorship as leverage
- We seek temporary orders early to establish meaningful time while the case proceeds
- We push for geographic restrictions when appropriate
- We challenge false allegations with thorough investigation and evidence
Our Southlake family law office handles fatherโs rights cases in Tarrant County, Denton County, and surrounding areas. We understand the local courts and know how to present your case effectively.
Note: Past results do not guarantee future outcomes. Every case depends on its specific facts and circumstances.
Frequently Asked Questions About Fatherโs Rights in Southlake
Do Texas courts favor mothers in custody cases?
No. Texas law does not favor either parent based on gender. Courts apply the best interest of the child standard equally to both parents. The presumption is that joint managing conservatorship with both parents sharing rights and duties serves the child best.
How much does a fatherโs rights lawyer cost in Southlake?
Attorney fees vary depending on the complexity of your case, whether it settles or goes to trial, and other factors. Most family law attorneys charge hourly rates. During your consultation, we can discuss fee arrangements and provide an estimate based on your specific situation.
Can I get 50/50 custody as a father?
Yes. While the Standard Possession Order does not provide equal time, many Texas courts approve 50/50 schedules when both parents can demonstrate the arrangement works for the child. Factors include proximity of homes, school logistics, work schedules, and the parentsโ ability to co-parent effectively.
What if my name is not on the birth certificate?
If you are not listed on the birth certificate, you may need to establish paternity before asserting custody rights. This can be done through an acknowledgment of paternity or a court order. Once paternity is established, you have the same rights as any other father.
How long does a custody case take in Tarrant County?
The timeline depends on whether the case settles or requires a trial. Uncontested cases may resolve in a few months. Contested cases can take six months to a year or longer. Temporary orders can establish parenting arrangements while the case proceeds.
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Talk to a Southlake Fatherโs Rights Lawyer Today
If youโre fighting for custody, facing a modification, or dealing with a mother who wonโt follow court orders, you need an experienced advocate on your side. Varghese Summersett Family Law Group helps fathers in Southlake and throughout Tarrant and Denton counties protect their parental rights and build meaningful relationships with their children.
Get clarity about your options today. Call (817) 203-2220 to schedule a consultation with a Southlake fatherโs rights attorney.