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Katy Father’s Rights and Custody Agreements Lawyer

In Texas, family law courts will always prefer to implement a custody arrangement where both parents are involved and have visitation rights. Neither party should be given any kind of preferential treatment simply because of their gender, both mothers and fathers should have equal rights and all decisions should be made based upon their involvement and ability to provide a stable home for the child.

If you are a father in Katy, TX, and you feel your rights are being violated or that you are being treated unfairly, the best thing you can do is contact a dedicated Katy father’s rights and custody agreements lawyer. They will fight for your fair and reasonable treatment and ensure that your rights are protected.

Here at Skillern Firm, our Katy father’s rights lawyers are ready to help. Whether you need help fighting for visitation rights or a child custody arrangement plan that is reasonable, our team of attorneys have helped numerous clients in similar family law cases.

We know how important it is to maintain the parent child relationship and we will do everything we can to help your family move into a bright new future.

If you are looking for a Katy, TX, Father’s Rights And Custody Agreements Lawyer, contact Skillern Firm at 936-213-8479.

How Do The Courts Determine Child Custody in Katy, TX?

Numerous studies and research into child development have proven that children who have access to both of their parents stand a better chance of a healthy development. This means that in Texas, where decisions are always made in the best interest of the children involved, family law court and the Judges that preside over them, will always prefer a joint custody visitation plan to be implemented.

It is a common misconception that mothers have more benefits and are given preferential treatment when it comes to custody arrangements but this is simply not true. Every family law court in Texas must make decisions based on the best interests of the children involved.

This means examining each parent and their ability to provide for the children’s needs and unless there is a serious reason to prevent one parent from seeing their child, creating an arrangement that gives fair visitation rights to both parents.

Once the child custody arrangements have been decided upon, either by the parents or by the family law Judge, they are finalized by the court in a court order that must be obeyed by both parties.

Primary Residence Of The Child

Your child’s primary residence is the home that they reside in for the most part following a divorce. This is an important decision as it will have a serious impact on things such as where the child goes to school.

Most parents will argue over where the primary residence should be, usually with both parents wanting the child to reside with them. If this decision cannot be made outside of court, and the court has to get involved, they will usually try to keep the child in the residence that they lived in before the divorce to reduce the displacement as much as possible.

When the courts decide upon a primary residence they may consider factors such as which parent has provided the child with the most care and the child’s closeness to family and friend circles.

A father’s rights lawyer can help fight your case to ensure that your child primarily resides in the residence that is best for their development.

Visitation

Visitation schedules dictate when each parent will have physical custody of their child and when they will gain visitation rights. This comes under the category of possession and access.

Although it may seem like the best schedule should be a 50/50 split, this is not the most suitable route to take in the majority of cases. More commonly, the courts will create a schedule where the child resides with one parent and the other parent has visitation of the child one day a week and the first, third, and fifth weekends of a month, with alternating holidays.

Conservatorship

A conservatorship may be awarded to a parent when it is deemed necessary and grants the ability to make important decisions regarding the child’s life. This includes decisions regarding education, religion, and medical choices.

Conservatorship can reside exclusively with one parent, known as Sole Managing Conservatorship, or split between both parents (Joint Managing Conservatorship).

What Factors Can Affect Custody Arrangements In Texas?

As the courts in Texas must make decisions based on the child’s best interests, if you can prove, with evidence, that your ex-spouse is a danger to your children, then the courts will listen. If your case is a valid one, they may make the decision to award sole conservatorship, remove visitation rights or implement supervised visitation.

There are a lot of factors that may influence the decisions that are made by the court, including the level of involvement that each parent has shown before the divorce and each parent’s ability to provide, both emotionally and physically for the child.

Poor Judgment

While it is common for minor disagreements between parents regarding the best way to raise and parent their children if one parent has displayed that their judgment is poor, the courts may use this against them. Common examples of poor judgment include allowing children to drink before the legal drinking age or leaving children alone when they are too young to be left alone.

To prove one parent has indeed displayed poor judgment is no easy task and will require a strong case to be made that is backed by evidence. The best way to build a strong appeal is usually to involve an attorney who can help you back your claims with the appropriate evidence.

Parental Alienation

One thing that family law courts abhor is the purposeful alienation of a parent by the other parent. Alienation occurs when one parent actively tries to influence their child’s opinion of the other parent in a negative way. If they constantly bad-mouth the other parents or encourage negative behavior and thoughts towards that parent, this is alienation.

Family law court in Texas take alienation extremely seriously and this may influence their decisions when it comes to child custody plans.

If your spouse is engaging in behavior designed to alienate you with your child, the best thing you can do is to tell your attorney. They will ensure that the courts are made aware that this behavior is happening.

Substance Abuse

If you have reason to believe that your ex-spouse is using drugs or abusing alcohol, you must tell your attorney immediately, as both have a serious impact on the ability to look after children.

Together with your attorney, you will need to put forward evidence to the courts that this is happening, and this will usually have a serious impact on custody arrangements.

Child Abuse and Neglect

Ensuring the child’s emotional and physical needs are met is extremely important for their development. If you are concerned your child is being abused or neglected, you must make it clear to the courts so that appropriate action can be taken.

If allegations of abuse or neglect arise, you will need to work closely with your family lawyer to gather evidence and build a case to support your argument.

Domestic Violence

Domestic violence against either yourself or the child is a serious threat to the child’s well-being, both now and in the future. If one parent has been found guilty of domestic abuse in the past, this will often sway any decisions made regarding custody.

You will need to provide evidence to support your claims, and this may include:

  • Police reports
  • Hospital reports
  • Texts
  • Emails

Paternity

If the parents of a child were not married when the child was born, paternity may not have been established, and this means that the biological father is not the legal father. The legal father of a child gains certain rights, and if you have not already been named legal father, it is important you establish paternity.

This can be done through a paternity test or by filing an acknowledgment of paternity (AOP) with the court.

What Can Complicate The Custody Agreement Process?

There are numerous factors that come into play when it comes to deciding upon a custody arrangement. One of the most common complications occurs when one parent wishes to move away following a divorce. If this is a long-distance move, it may affect the other parents’ ability to see the child. This can make the courts’ decision a tough one, and you will need to work hard with your attorney to obtain a favorable outcome.

When parents have unique work schedules or have suffered life-changing injuries or dramatic changes in circumstances, this can also make the courts’ decision more difficult.

Do I Need A Lawyer For My Child Custody Agreement?

When it comes to making child custody decisions during the divorce process, it can be a challenging time for everyone involved. Both parents in a child custody case are usually fighting for what they believe to be in the best interest of the children involved, but unfortunately, both parents often have different ideas of what this looks like. This often leads to conflict that is bad for both the children involved and the parents.

Often when our clients come to us, they believe that they have reduced chances and rights because they are the father and not the mother. In Texas, gender is not an influencing factor on any decisions made by the courts. Decisions must be made in the child’s best interest and this means that if you can prove the terms are in your child’s best interest, the courts will listen.

However, family law is complex and you will be required to evidence your claims as well as provide a compelling argument for any demands you make. The best way to do this is to contact an attorney who can help you do so. Legal representation is important, especially if the mother of the child has an attorney of their own.

If you wish to amend an existing court order, you need to seek representation from a skilled child custody attorney to fight your case and defend your parental rights.

Skillern Firm – Fighting for Father’s Rights

Here at Skillern Firm, we take the time to build an attorney-client relationship that inspires confidence. We listen to your story, and we ensure you are kept informed and educated throughout your entire case. We never leave you in the dark.

We can help fight to secure favorable outcomes in your case, outcomes that mean you have access to your children and that you are treated fairly. Our team can also help you seek sole custody if you have reason to believe your children are in danger.

Under Texas law, decisions must be made in the child’s best interests. If the current arrangement does not fit this, you have every right to challenge it and seek an amendment and Skillern Firm is prepared to fight your case to do so.

Contact Skillern Firm at 936-213-8479 to take the first step towards protecting your rights as a father.