hunters creek village Father’s Rights Lawyer

• Domestic violence – We have worked with fathers who are facing false allegations of domestic violence. This can be an incredibly frightening time; you risk losing your children and damaging your reputation. An attorney at Skillern Firm Divorce & Child Custody Lawyers will fight to clear your name and protect your rights.
• Child custody – Although men and women are viewed equally under the law when it comes to child custody, there can be certain factors that tip the scales. If you are striving for sole or joint custody, then it is important that you have an experienced attorney who can show why this is in your child’s best interest.
• Visitation – If you are at risk of losing your visitation rights, for example, if your ex-spouse plans to move away, then we will help you protect your rights. It is also essential that your ex-spouse facilitate visitation; if they refuse to follow the agreements of your divorce decree, then an attorney can help you file contempt proceedings and protect your rights to see your children.
• Child support – Whether you are fighting to establish fair child support payments, need to modify existing agreements or are facing legal action over unpaid amounts, we will help you secure the best possible outcome.
• Adoption – Under Texas law, a father’s rights to their children vary. In some cases, adoption may be one option for a person to assert these rights, and a skilled attorney from our law firm will be committed to making the process as accessible as possible.

Establishing Father’s Rights in Hunters Creek Village, TX

In order to assert your father’s rights in Texas, you need to be legally established as such. If you were married to your child’s mother when they were born, then you are presumed as the father. However, unmarried fathers do not have the same rights.

Under Texas law, paternity needs to be established and the birth certificate updated before the father can have legal rights to the child. If both parents agree on who the father is then they can voluntarily sign an Acknowledgement of Paternity, which is often completed at the hospital after the child’s birth.

In more challenging cases, a father may have to seek paternity involuntarily, which involves issuing a court order adjudicating parentage. A DNA test will also be necessary to prove parentage.

Why Is Paternity Important?

Once paternity is established, a father will have parental rights, such as custody rights and the right to make important decisions in the child’s life, such as where they go to school and whether they attend church. The mother and child also benefit from financial support, and care from the father.

It is also important for children that they are secure in the knowledge of who their parents are and will benefit from having a close relationship with both their mother and father. The child may also have access to things like medical insurance, inheritance, and knowledge about their family history – including their medical history from their father.

Non-Biological Fathers

Some fathers are not biologically related to their children but have earned that title through the care and love they have provided throughout a child’s life. In order for a non-biological father to establish paternity, they will need to adopt a child formally. This can be difficult and highly emotional, but one of our father’s rights lawyers can guide you through the process and make it a little easier while maximizing your chances of a successful adoption.

Fighting For Sole Custody in Hunters Creek Village, TX

If you have concerns regarding the mother of your child and believe that it is in your child’s best interest for you to have sole custody, then you should speak to a Texas father’s rights lawyer as soon as possible.

It isn’t easy to win sole custody; however, if your child’s other parent poses a risk to their wellbeing, for example, if they have a history of committing abuse or substance misuse, then you may have a case. However, the court will require substantial evidence as they prefer to keep both parents in the child’s life where possible.

A father’s rights lawyer in Hunters Creek Village can also help you file an emergency protective order to keep your children safe. If successful this may result in you having sole custody temporarily while a final decision can be made.

Child Custody Laws in Texas

Following the breakdown of a marriage, child custody is often the biggest worry on divorcing spouses’ minds. A family law attorney at Skillern Firm Divorce & Child Custody Lawyers can help you work out a plan that meets your needs and is in the best interests of your children.

Your attorney will use mediation so that you and your ex-spouse can come to an amicable agreement; then your parenting plan can then be submitted to the Judge for approval. If this is not possible, then the Judge will need to rule on your behalf, and your attorney will be integral to ensuring that your rights are protected.

When determining a parenting plan, the Judge will consider factors such as:

The child’s best interests

The best interests of the child are the primary consideration when it comes to child custody. The Judge might consider the ability of each parent to meet the child’s needs now and in the future and how involved each parent has been in the child’s life up to this point. The Judge may also consider the child’s preference if they are aged 12 or over.

Family law operates on the basis that children should have support from both parents unless there is a reason why one parent may have a negative impact on the child’s wellbeing. Therefore, most custody battles result in some form of joint arrangement.

A joint custody arrangement does not always mean a 50/50 split, as this often creates instability in a child’s life. Instead, a typical custody arrangement will have one residential parent who the child lives for the majority of the time, while the other has visitation rights, such as every other weekend and one weekday.

Stability in the child’s life

The Judge will also consider the stability of each parent’s environment. For example, one parent may have kept a family home, which may work in their favor. The Judge will also consider keeping a child’s access to their school, friends, family members, and anything else of importance in their lives.

On the other hand, if one parent works long hours, travels a lot, or plans to move away, then it could work against them. However, an attorney will ensure that the decision that is reached is fair even if, on the surface, one parent’s life appears more stable.

Potential danger to the child

If there is any potential danger to the child, then this will be a big consideration in a child custody case. If one parent has abused the child or is unable to create a stable environment, then it is possible for the other parent to be awarded sole custody.

Even in sole custody cases, the other parent will likely be granted visitation, even if it needs to be supervised.