father exercising his child visitation rights in texas

Fathers Rights in Texas

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Texas Father’s Rights

Many people think that fathers rarely get a fair outcome in child custody cases during divorce. The truth is that fathers have rights and duties that are clearly outlined in Texas Family Law. These rights and duties allow fathers to assert their right to help raise their children as they deem fit. You are presumed to be a father of a child in Texas if you:

  • Are presumed to be the father of the child
  • Are legally the father of the child
  • Are the adoptive father
  • Acknowledged paternity

The most obvious way to be a father is if you marry the mother and the child is born during that marriage. A court that has jurisdiction can also declare you the biological father of a child if you file a petition. This can be done after genetic screening or after you and the mother sign the Acknowledgment of Paternity document.

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Rights And Duties Of A Father

father exercising his child visitation rights in texasOnce you are determined to be the father of the child, you automatically have the father’s rights and duties outline in Texas Family Code. The rights of the father and the mother include:

  • The right to make decisions concerning the child’s education
  • The right to inherit from and through the child
  • The right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child
  • The right to receive and give receipt for payments of the child and to hold or disburse funds for the benefit of the child
  • The right to consent to the child’s marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological and surgical treatment
  • The right to have physical possession, to direct the moral and religious training, and to designate the residence of the child
  • Parental duties of both the mother and father of the child include:
  • The duty of care, protection, control and reasonable discipline of the child
  • The duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education
  • The duty, except when a guardian of the child’s estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government.

Both parents have a right to have a relationship with their child. A parent does not have the right to alienate a child from the other parent. If your spouse is trying to stop you seeing your child, you should to contact an experienced lawyer to help you file a lawsuit against your spouse or ex.

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The Best Interests Of The Child

Courts in Texas base their decisions on the best interests of the child in child custody cases. In other words, the child’s wellbeing, health and security are what guide the courts decisions not the parents’ wishes.  For this reason, courts will often try to keep both parents involved in the child’s life because that serves the best interests of the child.