Historically, fathers have been seen by Texas law as providers, and mothers as upbringers. For this reason, many fathers believe they have no chance at receiving full custody of their children. The best they can hope for – they think – are visitation rights.
But when fathers think that way, they are wrong. Under state law, fathers are as entitled to custody rights as mothers. Some judges may still operate under the supposition that mothers are the default recipients of custody rights – but they are wrong, too.
The standard for who is granted guardian rights in Texas is the phrase “the best interests of the child.” Whichever parent serves as guardian of the child is granted custody rights. In some cases, parents go to war to be designated guardians. When parents are unable to come to an agreement, judges must make the decision for them.
The best thing fathers have going for them as they assert their rights is the growing perception – rooted in statutory and emerging case law -- that custody and other parental rights is not gender-based.
Fatherhood is not about providing. Families in which fathers are full participants enjoy better mental health and lower suicide rates than families in which fathers are not part of the picture. Children with involved fathers are more confident, less likely to turn to drugs and alcohol, and – get this – high IQs and cognitive abilities.
We believe in fathers at W. Tyler Moore. Fathers who seek out skilled legal representation that is touch with the changes in the law and with societal changes have the best chance of succeeding in obtaining parental rights.
We work to protect the rights of all our clients – fathers and mothers – with the best interests of your child foremost at all times.
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