Bunker Hill Village Father’s Rights Attorneys

Establishing Your Rights as a Father

Asserting your rights as a father requires you to be legally established as such. If you were married to the mother at the time of the child’s birth and your name was added to the birth certificate, you are presumed the father and have certain rights.

An unmarried father does not gain the same legal rights. Under Texas law, paternity must be established, and the father recorded on the birth certificate before they gain any legal rights to the child. Where both the mother and father agree on paternity, they can voluntarily sign an Acknowledgement of Paternity. In most cases, this document is signed at the hospital soon after birth, but there is nothing to prevent the process from being carried out at a later date.

In more difficult cases, and those that may involve hiring a lawyer, a father may seek to establish involuntary paternity. This involves a court issuing an order adjudicating parentage. If either party denies parentage, a Texas court has the right to order a DNA test to confirm whether one party is indeed the legal father.

Key Considerations of Child Custody

Child custody is a significant consideration for Texas families following the breakdown of a marriage. A divorce does not always suggest that former partners are on bad terms, and it may be possible for both parties to work with an attorney through mediation to come to a legally binding agreement. Even in these cases, the final decisions must be ratified under the law by a Texas court.

In some cases, an attorney is needed to ensure that any decisions taken on the present and future of children adhere to their best interests. There are additional factors that become relevant should a child custody case go to court, and our father’s rights attorneys can help to give any father the best chance of success.

Your Child’s Best Interests

Regardless of any other factor or consideration, child custody is an aspect of family law that all comes down to the child’s best interests. If the child in question is aged 12 or over, they can directly contribute to the case, giving their opinions regarding their future. Even if the children involved are under 12, the Texas courts will always endeavor to ensure they focus fully on the child’s rights both now and moving forward.

The mother and father can both seek to influence and establish what constitutes those best interests.

Given that a Judge will always seek to work within the confines of Texas law, a father’s rights attorney can prove invaluable in establishing cases and gathering supporting evidence. They will ensure that all parties operate based on facts rather than emotion and that any claims or statements are backed by evidence and clear thought.

Potential Danger to the Child

A Texas Judge will also consider any potential danger to the child based on any decisions made. If one party has suffered domestic violence at the hands of the other, the child has suffered past personal injury due to either parent, or one parent having outstanding criminal charges; this can all contribute to a custody case.

Safety issues extend beyond violence. It could relate to drug charges under criminal law or an unsafe home environment. No matter the concerns in question, it is vital to speak to an attorney, whether making or defending accusations surrounding your child’s safety.

Your lawyer will be able to gather evidence and put together a compelling case, ensuring that your rights are never overlooked, regardless of your current circumstances.

Domestic Stability

As well as overall safety, a Bunker Hill Village, TX Judge will also consider the stability of each applicant’s domestic environment. As with most aspects of family law, the specifics can differ greatly from person to person.

One parent may have kept the family home following a divorce, for example. If they plan to stay there indefinitely, this consistency may work in their favor in the eyes of the court. Should this arrangement also enable them to continue their education without interruption and continue to see other local family members, it can work significantly in one parent’s favor.

Conversely, a parent that regularly finds themself unemployed or travels frequently for business may see their personal circumstances judged negatively. Again, an attorney will help ensure you can make the best possible case even if, on the surface, one parent’s lifestyle appears more stable than the other’s.

The Child’s Emotional and Physical Needs

Unsurprisingly, any decisions made around child custody extend not only to environmental factors but the direct well-being of the young person involved. In most cases, family law will take into account the child’s current stage of development, their age, and how their parents are positioned to ensure their continued support and development.

This can often work to the benefit of both parents. It is scientifically proven that children develop best with the support of both their mother and father. So, while permanent living arrangements may not allow for this, a court will seek to ensure that, wherever possible, both parents will remain involved in their upbringing.

A concerted effort to prevent this on the part of either the mother or the father may be considered alienation, which is typically viewed highly unfavorably by anyJudge presiding over family law matters.