New Braunfels Parental Rights Lawyer

Attorney Protecting Fathers' Rights and Mothers' Rights in Family Law Cases in New Braunfels, Texas

While parents play an important role in their children's lives, their rights toward their children are not always automatic. A father who was never married to his child's mother may have no right to see or spend time with his child. A mother may be raising children on her own without any financial help from the other parent. To make sure they will be able to provide for their children's needs and maintain positive family relationships, both mothers and fathers may need to take steps to establish and enforce their parental rights.

The lawyer at Hill Family Law works with mothers and fathers to protect their relationships with their children. He has handled a wide range of child custody matters and other family law cases, and he can provide the representation needed during negotiations and family court hearings to protect clients' rights. He will provide caring, compassionate legal counsel that will help parents focus on finding solutions that will protect their children's best interests.

Fathers' Rights in Texas

Texas law treats mothers and fathers equally. In family courts, decisions will be made based on each parent's qualifications and the history of their relationship with their children, without regard to their gender or marital status. Even so, many fathers worry that they will be seen as secondary parents, and they may be concerned about whether they will be able to spend enough time with their children after a divorce or separation. Understanding how the law addresses these issues can help a father protect his parental rights.

When Paternity Must Be Established in a Family Law Case

A man has no legal rights or duties regarding a child until he is recognized as the child's legal parent. In general, a man is presumed to be a child's father if he was married to the mother when the child was born, or if the child was born within 300 days after the couple's marriage ended. For this reason, paternity is not an issue in most divorces.

When parents were not married, steps may need to be taken to establish paternity. The father and mother can sign an Acknowledgment of Paternity, and this will ensure that a father will have parental rights toward the child. If the parents disagree about whether a man is a child's father, either parent can file a petition in court asking for genetic testing. Once paternity is confirmed through a DNA test, the court can address child custody, and child support orders may also be established.

It is important to understand that signing an Acknowledgment of Paternity or being named as a parent on a child's birth certificate does not establish the right to child custody or visitation. A father will need to make sure a court order is in place that will detail how the parents will share conservatorship of the child, as well as a schedule for possession and access.

Showing That a Father Plays an Important Role in His Children's Lives

When a court addresses concerns related to child custody, one of the primary factors it may consider will be how involved each parent has been in raising children in the past. To protect his parental rights and make sure he will be able to share custody of his children, a father can provide documentation and evidence related to:

• School Involvement: Records may be provided showing that a father has dropped off or picked children up from school, attended parent-teacher conferences, communicated with teachers, and been involved in other matters related to children's education.
• Medical Care: A father may provide records showing that he has attended doctor appointments, filled prescriptions for children, and provided care for children when they were sick.
• Activities: Photos, schedules, and team rosters may show that a father has coached youth sports, attended recitals, taken children to church or scouting events, or participated in other activities on a regular basis.
• Daily Routines: Calendars or messages may show that a father has prepared meals, helped with homework, handled bedtime routines, and managed other daily responsibilities.
• Financial Contributions: Bank records may show that a father has made payments for childcare, clothing, school supplies, and other needs.
• Witnesses: Teachers, coaches, neighbors, and family members may provide statements describing a father's relationship with his children.

The way a father conducts himself during a family law case can also play a role in decisions that are made. Following temporary orders, being present during every period of scheduled parenting time, being respectful in messages to the other parent, and continuing to provide financial support will all demonstrate that a father is reliable. Many parents use co-parenting apps to communicate, and this can create a clear record that a judge can review if disputes arise.

Protecting the Rights of Mothers in Family Law Cases

Mothers may face their own set of challenges as they address issues related to child custody. Some mothers may be raising children with little help, or they may be concerned about the other parent's behavior. Our attorney can help mothers address issues such as:

Establishing Child Support

A mother who is not receiving consistent financial help may need to make sure child support orders are established correctly. After child support is calculated, a court may issue a wage garnishment order to ensure that payments are automatically deducted from the other parent's wages. If necessary, a mother can take steps to enforce child support and receive the payments needed to address ongoing expenses related to her children.

Making Decisions About How Children Are Raised

A child custody order will determine which parent has the right to make major decisions about children's education, medical treatment, and other ongoing issues. A mother who has been the primary decision-maker for her children may ask the court to give her the exclusive right to make certain decisions. When necessary, our lawyer can advocate for sole managing conservatorship while making sure a mother will have the exclusive right to decide where children will live.

Contact Our New Braunfels, TX Parental Rights Attorney

Children can benefit from having parents who are committed to being present in their lives and protecting their well-being. Parents deserve to be able to fill that role in their children's lives, but they may encounter disputes as they address issues related to child custody. At Hill Family Law, our attorney can help fathers establish paternity and be involved in their children's lives, and he can also help mothers address issues related to child custody and child support. Contact our New Braunfels, Texas fathers' and mothers' rights lawyer at 830-229-2129 to arrange a free consultation.