Articles Posted in Fathers’ Rights

When a Father’s Rights Can Be Terminated
The family is the most important component of society. But there are times when a father’s rights can be terminated. This is done through a lawsuit and decided upon by a judge. Below are some of those situations that fathers should really understand.

When can a Father’s Rights be Terminated?

A father’s rights can be terminated through an “affidavit of voluntary relinquishment” of parental rights signed by the father who agrees that the court should terminate his rights to the child. An “affidavit of waiver of interest” in the child should also be signed to signify that the father is willing to give up his interest in the child, whether born or unborn.

What are your Rights as an Unmarried Father in Texas?
Texas, like most other states in the US, puts a strong emphasis on the importance of fatherhood. In fact, the Texas Family Code 160.204 lays out the determining factors for the presumption of fatherhood, which includes the birth of a child within marriage, if the man is married to the mother before the child’s birth or if the child was born before the 301st day after the marriage is terminated by circumstances like divorce or death.

In these cases, the man is recognized as the father of the child. But can you exercise a father’s rights if you’re an unmarried father?

Texas Law for Father’s Rights

What Are the Chances a Father Acquires Child Custody in Texas?
In a child custody battle, it is a popular belief that the mother is often awarded custody or conservatorship of a child, with the father’s rights often overlooked.

But because he is still a parent, it is within the father’s rights to seek legal assistance to fight for and get custody of his child.

What Exactly are his chances of getting Conservatorship?

Plano fathers rights attorneysWhen the parents of a minor child divorce, the ramifications of the divorce often continue to impact everyone involved for many years to come. Even when parents remain on good terms and are supportive of the other parent’s relationship with the child, the parent-child relationship can suffer. When there is left over animosity between the parents, the child can end up in the middle. What can you do, for example, if your ex won’t allow you to communicate with your child? The Plano fathers rights attorneys at The Law Office of Jon R. Boyd shed some light on that dilemma.

When Your Ex Controls Communication

In today’s electronic age, children in kindergarten often have their own cell phones! Parents, however, continue to retain the authority to restrict a young child’s ability to communicate. If you are the divorced father of a relatively young child, that means that your ex controls your child’s ability to communicate with you when your child is with her. Unfortunately, adults sometimes let their own feelings override what’s best for the child. That might mean that attempts to call and talk to your child are ignored and calls not returned. It could mean that your ex limits the time you are allowed to talk to your child, or listens to the conversations. Emails and text messages might be blocked or deleted as well. Whatever it is that your ex is doing to prevent communications between you and your child, the odds are good that a judge would not approve.

Plano fathers rights attorneyFor a parent, the most frightening aspect of a divorce is usually the impact – both practical and emotional — it will have on the minor children of the marriage. In a perfect world, the parents are able to agree on issues related to custody and visitation (known as “conservatorship” and “possession and access” in Texas). Unfortunately, the world is not perfect. If you are the father of a minor child who is contemplating divorce, you may be wondering what you need to prove to be granted sole managing conservatorship in Texas. A Plano fathers rights attorney offers some insight into the issue of conservatorship.

Times Have Changed

It wasn’t all that long ago that a father seeking sole custody (sole managing conservatorship in Texas) was virtually unheard of in the U.S. Both society and the law, however, have changed considerably in recent years. Today, it is common for fathers to seek joint managing conservatorship over their children and it is no longer unusual for a father to even pursue sole managing conservatorship. This viewpoint is even codified in Section 153.003 of the Texas Family Code as follows:

Granbury fathers' rights lawyer 1165-201x300If you are the divorced father of a minor child, and your ex-spouse has just informed you of her intention to move out of state with your child, you probably feel as though your worst nightmare just came true. Moving out of state is not something that lends itself to compromise or easy resolutions. On the contrary, if your ex-spouse does indeed relocate to another state, it could dramatically change your life and the dynamics of your relationship with your child. Your first question is “Can she do this?” Maybe the more important question is can a Granbury fathers’ rights lawyer keep your ex from moving out of state with your child?

Understanding Custody (Conservatorship) in Texas

Before getting into the impending move, it is first necessary to consider the current custodial arrangement. In Texas, the term “custody” is not used. Instead, a parent has “conservatorship” over a minor child. When a parent is a Managing Conservator it means that the parent has the legal right to make important decisions relating to the child, such as what medical treatment the child receives, what religion the child practices, and what school the child attends. The law favors granting parents Joint Managing Conservatorship unless there is a good reason to make one parent the Sole Managing Conservator. Your conservatorship rights are important when parental relocation is at issue. As a general rule, unless your ex has Sole Managing Conservatorship and/or the terms of your Parenting Plan specifically allow her to relocate out of state with the child, the move cannot occur without an agreement or a court order.

fathers rights lawyerWhat do you do when your wife tells you she wants a divorce? Unfortunately, there isn’t a simple answer to that question nor a simple step by step manual to follow. Every marriage ends as a result of a unique set of circumstances and every person who decides to end their marriage arrives at that decision via a unique path. You may, however, find the following tips from a fathers rights lawyer regarding what you should and should not do to be helpful if your wife recently informed you that she wants a divorce.

  1. Take a deep breath before responding. This is meant both literally and metaphorically. Do take an actual breath and think before saying anything in response. You may also need to physically put some space between you and your wife so you can process what she said before deciding what your overall response should be.
  2. Ask your self how you feel about a divorce. Most of the time the news that a spouse wants to end a marriage is not completely unexpected. Typically, there has been clear discord leading up to that point that has caused both parties to at least consider how they feel about the marriage. Whether your wife’s request for a divorce was expected, or comes as a complete surprise, now is the time to really think about how you feel about the subject before you respond or take action.

Plano fathers rights lawyerOnce upon a time, not all that long ago, the roles of mothers and fathers within the family unit were fairly well established, both by society and by the law. Divorce was far from common;  however, it happened often enough for both society and the law to also have established expectations of mother and fathers post-divorce as well. Over the last several decades those well-defined roles have becomes considerably less well defined. Fathers, specifically, have started to take a much more active role in parenting their children, both during a marriage and even after a divorce. Many fathers, however, remain uncertain of their role and their rights. In an effort to change that, a Plano fathers rights lawyer urges fathers to learn what rights they have and to exercise those rights.

The 21st Century Family

Depending on your age, it might be your parents or your grandparents, but not all that far back in your family you will likely find a 20th Century Family. The husband’s job was to go to work every day to support the family while the wife’s job was to maintain the home and raise the children. In the relatively unlikely event of divorce, the mother got custody of the children and the father got visitation rights for a weekend – maybe two – each month. With very rare exceptions, fathers were only awarded custody of the children when the mother was proven to be unfit, and even then fathers accepted that role reluctantly.

Plano fathers rights attorneysUntil relatively recently, parental roles were fairly rigidly set, both by society and by the law. Fathers were supposed to support the family while mothers stayed home and raised the children. If the parents of a minor child divorced, issues such as custody, visitation, and child support were all but pre-determined. Over the last several decades, however, both societal views and the law have undergone considerable changes with regard to parental roles, both during and after a marriage. As the number of children born to unmarried parents has skyrocketed, a corresponding change has slowly occurred in the way society and law view unwed mothers as well as the rights of fathers to a child born out of wedlock. To give you an idea of how much has changed, the Plano fathers rights attorneys at The Law Office of Jon R. Boyd shatter some of the most common myths and misconceptions.

  • The mother always gets custody. Once upon a time, it was presumed by both society and the law that a mother would get custody of any minor children in a divorce unless the mother was proven to be unfit. Today, more and more fathers are seeking primary or joint custody, referred to as “conservatorship” in Texas, of minor children in a divorce. Society now largely accepts that fathers not only can raise children, but actually want to do so. The law in the State of Texas is very clear on the subject. Texas Family Code Section 153.003 governs the issue, stating as follows:
    • “The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining:

fathers’ rights lawyerIn the State of Texas, the terms “custody” and “visitation” are not recognized when discussing the rights and responsibilities of the parent of a minor child post-divorce. Instead, the law refers to “conservatorship” of the minor child as well as “possession and access” to the child. If you are the father of a minor child and you are going through a divorce, or are contemplating divorce, you should understand what these terms mean. Toward that end, a Texas fathers’ rights lawyer explains your rights as conservator of your minor child.

Texas Family Code on Conservatorship

The Texas Code Sections 153.001 et seq. governs the continuing rights and responsibilities of the parents of a minor child post-divorce. The relevant portions of that statute relating to conservatorship include:

Contact Information