Memorial Area TX Dad’s Rights Lawyers
Father’s rights issues often present themselves in family law matters, such as those involving divorce, child custody battles, or support agreements. Under Texas law, the father should have the same rights as the mother. However, there remain biases that can affect the outcome of family law cases. The best way to ensure that your rights are protected is to secure representation from our experienced Memorial Area, TX, dad’s rights lawyers.
If you are facing family law matters, then it is important you have representation from an attorney who is willing and able to fight on your behalf, ensuring that your rights are considered and that decisions are made which are in the best interests of your children.
A family law firm should use mediation where possible to help warring spouses come to their own agreements. This saves time and money on court dates and allows parents to come to personalized child custody arrangements. However, this is not always possible, and your attorney should be a skilled litigator and prepared to fight for your father’s rights in court if necessary.
Speak to Our Dedicated Texas Dad’s Rights Lawyers at Skillern Firm Today
At Skillern Firm, we dedicate all of our practice to family law in Texas. We deal with family law day in and day out and have helped numerous fathers protect their rights. We have an in-depth understanding of the state and federal laws surrounding your case and have likely practiced in front of the Judge overseeing your case before, allowing us to tailor our approach.
We prioritize mediation where possible but are highly skilled in the courtroom. Whatever your case entails, including support payments, adoption, child custody, high assets, high conflict, and domestic violence, we have the skills, resources, and experience necessary to help.
We take a personalized approach to the attorney-client relationship and will take the time to understand what’s important to you so that we can strive for the best possible outcome in your case.
Remember, a divorce decree is legally binding, and how you settle family law matters could impact you for the rest of your life. It is essential that you have the support of an experienced family law attorney who can ensure that your father’s rights are prioritized every step of the way.
If you are a father facing a legal battle in Memorial Area, TX, or surrounding areas, then do not hesitate to contact Skillern Firm today at 936-213-8479.
Who Has Father’s Rights in Texas?
In Texas, only legal fathers have rights to their children. When your child was born, if you were married to the child’s mother, then you are presumed as their legal father. However, unmarried fathers are not automatically established as such.
Under Texas law, the legal father is the person whose name is on the birth certificate, and if your name is not there, then you will need to establish paternity before you can have your father’s rights.
If both parents agree on who the father of the child is, then they can voluntarily sign an Acknowledgement of Paternity, which is often completed after the child’s birth at the hospital but can also be signed at a later date.
In cases where parents disagree, the father may need to seek paternity involuntarily, which will involve a DNA test and a court order adjudicating parentage.
Non-Biological Fathers Rights
Some fathers are not related to their children biologically but should be considered their children’s fathers regardless because of the care and support they have provided throughout the child’s life. In order for paternity to be established in a case involving a non-biological father, the child will need to be formally adopted.
Adoption can be difficult, but a family law attorney can guide you through the process, easing the stress and maximizing the chances of success.
Why Is Establishing Paternity Important?
If you believe that you should have father’s rights, then it is essential that you are established as the legal father. Only then can you have a right to see your child and make decisions on their behalf. The child and mother will also benefit from the father’s responsibilities, such as financial support and child care.
Children also benefit from having a father named on their birth certificates. The benefits for the child include:
- Being secure in the knowledge of who their father is.
- Having a close bond with both parents helps the child’s development.
- Potential access to inheritance and medical insurance from the father.
- Financial support from the father.
- Knowledge about their family history, including their medical history.
What Are Father’s Rights and Responsibilities in Texas?
Legal fathers have rights and responsibilities toward their children. These can only be taken away from a father if a judge rules that it is not in the child’s best interest for their father to have rights towards them. It is generally believed that it is always in a child’s best interest to keep both parents having rights and responsibilities towards them unless one parent risks the child’s wellbeing.
Parental Responsibilities
Legal fathers have responsibilities towards their children as well as rights. Both parents have a legal duty financially and emotionally, which means that both parents need to spend time caring for their child on a regular basis, and one parent will usually have to pay child support to the other.
Usually, the highest-earning spouse pays child support to the other unless they themselves are the primary custodian. Your Memorial Area dad’s rights lawyers can help to make sure that child support payments are fair.
Memorial Area Family Law Matters Covered by Skillern Firm
If you are fighting for your father’s rights, you likely have experienced a period of destabilization, such as divorce or legal separation. At Skillern Firm, we navigate all family law matters and help guide clients through divorce on a daily basis.
Our goal is for you to be empowered to move on with your life in the best way possible, and we will work tirelessly to achieve the best possible outcomes in your case.
Common legal issues involving fathers’ rights include:
Child Support
Child support payments are a common area of contention. Whether you are fighting to establish fair payments, are facing legal action over unpaid amounts, or need to modify an existing arrangement, we can help you secure the best possible outcome.
Spousal Support
Spousal support is a payment that one spouse is ordered to pay the other following divorce. It is not always awarded and is only granted in cases where the other spouse would be unable to maintain the same standard of living after divorce. An attorney can help you to secure a fair outcome, ensuring that your interests are prioritized.
Adoption
If you have children that you are not biologically related to, then you will need to adopt them before you can assert your father’s rights. Your attorney will help make the process as smooth as possible while maximizing your chances of success.
Child Custody
Mothers and fathers have equal rights under Texas law when it comes to child custody. If you are striving for joint or sole custody, it is important that you have an attorney who can help ensure that decisions are made which are in your child’s best interest.
Asset Division
If you are facing a divorce or a legal separation, then you will need to navigate dividing your property. Texas is an equitable distribution state, meaning that any assets either spouse acquired during the marriage must be split fairly. This does not always mean an equal split, and it is important that you have an attorney fighting for your rights and interests so you are not left with less than what you deserve.
Domestic Violence
Whether you are a victim of domestic violence or are facing false allegations, we can help. As a victim, we can help file an emergency protective order to keep your children safe and will ensure that the Judge is made aware of the extent of your experiences. If you are facing false allegations, we will fight to clear your name and protect your reputation and your father’s rights.
Divorce Decree Modification
Although a divorce decree is legally binding, the law also understands that circumstances change, and sometimes the agreements are no longer viable. For example, perhaps you have lost your job and cannot make child support payments. An attorney can help you prove that there has been a substantial change in circumstances so that your decree can be modified.
It is essential that you take steps to secure a modification if you can no longer meet your obligations. If you fail to meet them, you could be guilty of contempt. In addition, support payments never disappear, which means that any payments you miss will become indebted and must be paid at some point.
Contempt Proceedings
If your spouse is not meeting the terms of a court order, such as denying your visitation rights, then our dad’s rights lawyers can help you file contempt proceedings to ensure compliance.
How are Child Custody Decisions Made in Memorial Area, TX?
In Texas, all family law decisions involving children must be made in their best interest. Generally, this is also what the parents want, but it is common for them to disagree about what that means.
To determine what is in the child’s best interests, the judge will consider factors such as:
Each Parents’ Stability
One crucial factor is the stability of each parent and their abilities to provide a stable environment for their children. For example, do both parents have a steady income and home? The Judge may also consider the past of each parent in regard to stability, such as whether either parent has a criminal record, a history of substance misuse, etc.
The Child’s Wishes
The Judge will consider the child’s preference if they are over the age of 12. Older children can provide input on decisions such as where they live. However, the Judge will not follow a child’s wishes blindly; they will also evaluate what is in their best interest.
The Child’s Safety
If there is any potential danger to the child from either parent, then this will be an important consideration when determining child custody and will likely result in sole custody being granted to the other parent.
Potential danger includes physical or mental abuse, drug abuse, an unstable home, or the parent’s relationship with third parties who may pose a danger to the child.
Family Proximity and Closeness
If the child’s upbringing has involved a close-knit family, then the Judge may try to keep the close support network. If your case involves relocation, then this can become complicated. The Judge will want to keep as much stability in the child’s life as possible by keeping them in the same school and community.
The Involvement of Each Parent in the Child’s Life
The court will consider how involved each parent has been in the child’s life up to this point. For example, who takes the child to school, arranges doctors appointments, arranges child care, and more.
The Ability of Each Parent to Meet the Child’s Needs
The court may assess the ability of each parent to meet the child’s emotional and physical needs now and in the future. Including the willingness of each parent to put the child’s needs first, the time they are able to spend with the child, and their ability to provide a stable home.
Fighting For Sole Custody
If you believe that it is in your child’s best interest for you to have sole custody, then you need to speak with a Memorial area dad’s rights lawyer as soon as possible. It isn’t easy to win sole custody, and you will need substantial evidence such as texts and emails, police reports, and more.
Our dad’s rights lawyers in the Memorial area can help you secure an emergency protective order to keep your children safe while a final decision can be made. We will then remain by your side throughout your case and will do everything possible to secure a just outcome.
Matthew Skillern
Skillern Firm is spearheaded by Matthew Skillern, who obtained his Juris Doctor from South Texas College of Law in Houston, TX. He is a fierce outcome for his clients while remaining compassionate about their circumstances. He believes that the courtroom is not the only option when it comes to complex and sensitive family law matters.
Matthew Skillern recognizes that every case is unique and whether a case requires careful mediation, or a trial, he will do what it takes to protect fathers’ rights. He is also Board Certified in Family Law by the Texas Board of Legal Specialization, an accomplishment that only 1% of family lawyers in Texas have achieved.
Contact Our Memorial Aera Dad’s Rights Lawyers Today
Children benefit from stability; they also benefit from having both parents in their life. The father is no less important than the mother, and it is in everyone’s best interests for the father’s rights to be protected.
Remember, under Texas law, you have equal rights to child custody, child support, and all other family law issues.
At Skillern Firm, we will fight for your rights every step of the way. We have extensive experience in family law in Texas and will provide not only legal advice but also support and guidance when you need it.
Contact us today to arrange an initial consultation at 936-213-8479.