League City Father’s Rights Attorney
Protecting the Parental Rights of Fathers in League City, Friendswood and Clear Lake Area.
Texas, like other states, gives fathers the same custody rights as mothers. It is important for fathers to assert these rights and demand equal treatment from the family courts of Texas. This will not only protect your relationship with your children, but it also ensures that the courts treat other fathers equally, as well.
No Presumption Based on a Parent’s Gender
In the early days of American family law, children were considered the property of their father. Custody was therefore awarded to a father by default. In the early twentieth century, this was replaced by a default award of custody to the mother when children were young. This “tender years” presumption was based on the mistaken belief that young children needed excessive parenting that only a mother could provide.
Now, the law has taken a more enlightened approach that is supported by child development research. Parental rights are enjoyed equally by parents of either sex. Texas, like other states, has written this directly into its statutes. Texas law specifically prohibits any custody preference based solely on the parent’s gender.
Before a father can establish his parental rights, he must prove that he is the father of the child (or children). The law creates a presumption of paternity when a man is married to the mother, or when he acknowledges paternity to friends and family. If these presumptions do not apply to your case, you might have to prove paternity with a DNA test.
Legal and Physical Custody
Child custody involves two separate sets of important legal rights. First is the authority to make decisions on behalf of your child (legal custody). The second is the right to visitation with your child (physical custody). Many parents share joint custody by sharing decision making authority and essentially equal parenting time. But the court does not have to order joint custody - and if the court finds that joint custody would not be in the best interests of the child, it is prohibited from doing so.
If the court does not award joint custody, it will designate one parent as the “sole conservator” of the child. This is the parent who has the authority to make decisions about school enrollment, church attendance, medical procedures, and other important aspects of the child’s life. In this situation, the court will often enter a Standard Possession Order (SPO) to establish a visitation schedule. This Order grants the noncustodial parent visitation on the first, third, and fifth weekends of the month, as well as Thursday evenings and alternating holidays. The SPO also grants visitation for a month in the summer. Parents are free to agree to other visitation schedules, but when they do not agree, the SPO schedule will control.
Experienced, Aggressive Child Custody Lawyers to Protect Father’s Rights in League City, Friendswood and Throughout the Clear Lake Area
Parental rights are some of the most important legal rights a person has. Attorney Rob Musemeche has helped many fathers in League City and Friendswood protect their parental rights. Call 281-475-4145 or contact us online to schedule your consultation with an experienced League City father’s rights attorney.