Harris County Texas Fathers' Rights Lawyers

Child Custody and Best Interests

Some custody battles are more complex than others. However, even in cases whereby both parents reach an agreement independent of the courts, it makes sense to seek legal advice to ensure any arrangement is legally binding.

Unfortunately, not all cases are straightforward. One parent may make demands that the other cannot meet, or there may be disagreements around child custody, child support, and other elements.

In these cases, an experienced Houston father’s rights lawyer can help guide a father toward what is best for them and their children alike.

If a child custody case does end up in the Texas family courts, a judge will consider a number of factors before making an official binding judgment.

Danger to the Child

A Texas judge’s priority will always be to ensure that the child’s safety comes first. If one parent’s ability to look after the child is vastly superior to the other parent, then they immediately have the upper hand in any case.

Our father’s rights lawyers in Houston can help Harris County residents with these cases by finding evidence that will influence a Judge’s decision. For example, if one parent has a noted history of drug abuse or background checks develop police reports involving violence, a parent may gain an immediate advantage over their counterpart in the courtroom.

Of course, child safety means more than gaining the upper-hand. Whether you are the presumed father, acknowledged father, or fulfill any other paternal role, your attorney will help make the case and provide the evidence to back it up.

Each Parent’s Stability

A judge will also consider the stability of each parent when making a decision around custody. Ideally, their binding decision will remain in place indefinitely and take into account a child’s changing needs in the future.

Each individual case may involve different definitions of stability. If a parent retains the family home following a divorce, for example, a child’s preference to continue living in the stable environment with which they are familiar may be crucial.

This can also extend to secure employment, experience in raising the child, and the relative closeness of other family members.

Involvement With the Child

If a father or mother has had a greater influence on the child throughout their life so far, they stand a greater chance of maintaining that connection. For example, if a parent regularly works away or has lived apart from the family for a significant period, a Judge will take such into consideration.

However, our father’s rights lawyers will also consider potential parental alienation. If a parent attempts to convince the child that they are better off without the other without basis, a judge may not consider this as being in the best interests of the child.

Family law extends to a number of different practice areas, and your attorney can help ensure that the child is never unfairly influenced by the other parent.

The Child’s Personal Preference

As noted, a Judge will often consider the child’s own wishes when determining their best interest.

If the child expresses a preference to live with their father and there is nothing to suggest that doing so would not be in their best interest, then this must be taken into account as part of any custody arrangements.

Protecting Your Rights as the Legal Father

A father’s rights lawyer can also assist in establishing the legal rights held by the father in each case. It is vital to understand and, where possible, rectify these arrangements before a case reaches court.

Under Texas law, if the mother and father were married at the time of the birth of their children, the father is the presumed father.

For unmarried couples, your rights become more complex. Indeed, an unmarried father only has limited legal rights to their child following the birth, although those rights increase once their name is added to the official birth certificate.

Where necessary, your lawyer will help to make the necessary arrangements for a paternity test, ensuring your rights in each case do not suffer on the basis of you not being the acknowledged father.

Stepparents also have involvement in child custody arrangements, although these cases are often particularly complex. Nevertheless, if it can be proven that continued access to a stepfather is in the child’s best interest, a father’s rights lawyer can help you make it happen.