26 Jan What Rights Does a Father Have to See His Child in Texas?
The right to see your child is a critical one. In just over 51% of custody decisions, both parents agree that the mother should become the custodial parent. Even if you’re not a custodial parent, this doesn’t mean that you can’t or won’t be able to see your child.
In figuring out a custody arrangement – whether through a divorce settlement or just going to family court – preserving the right to see your child holds importance.
When it comes to custody, hiring a family law attorney can lead to a better outcome with your family’s best interests in mind. Navarrette Bowen P.C. can help ensure you see your child.
Historically and statistically, children tend to live with their mothers. Despite this, it is not an automatic decision. Fathers have the right as much as the mothers to have primary physical custody of their child, to split physical custody with the mother, or to have secondary physical custody and visitation rights.
The standard when it comes to custody arrangements is the best interests of the child. The judge will look at the living situation and habits of each parent and assess factors such as school districts and even if the child has any preference.
Once physical custody is decided, a visitation schedule gets determined for the non-custodial parent. Both parents can still have split legal custody. This means that any decisions regarding the child’s healthcare, education, and other important decisions rest on both parents.
One major difference between men and women when it comes to paternity rights is the need to determine paternity. If the child is born to unmarried parents, the father is not automatically recognized as the legal father. Conversely, if you are married, the father is automatically recognized as the legal father, even if biologically this is not the case.
If parents are unmarried, fathers need to establish themselves as legal parent. You can do this in two ways:
- Court order
- Acknowledgment of Paternity
An Acknowledgement of Paternity can get signed in the hospital when the birth happens. The matter gets settled before everyone leaves the hospital. It is important to note that this can only happen if your child is born in Texas. Different states have different laws surrounding paternity establishment. When it comes to a court order, this happens after the fact. Court orders require DNA testing for genetic comparison.
Establishing paternity not only gives you rights to communicate with and see your child but also gives the child access to things such as inheritance and getting child support.
You don’t want to go into custody settlements alone. An experienced attorney helps you navigate through the process and obtain an outcome that works best for you and your children.
Navarrette Bowen P.C. has a team of experienced divorce and custody attorneys. We are here to help ensure you exercise your right to see your children. Our office is in downtown Denton. A confidential consultation with us is free. You can come into our office to see us in person or schedule a consultation online. Contact us today.