Do fathers have different rights than mothers in Texas? This is a question we frequently get as Fort Worth Child Custody Attorney. However, in Dallas-Fort Worth, the family code grants equal rights to both parents.
Learn today from Tyler Monahan, managing partner of Turner-Monahan, how the Dallas-Fort Worth court system determines fathers’ and Mothers’ rights when going through a divorce or child custody case.
We get the question all the time, fathers’ rights, and I’ve heard numerous people say, “Fathers don’t have the same rights as mothers do.”
Under the Family Code, you have four categories: conservatorship, possession, access, and Child Support. These are generally the components that make up the parent-child relationship portion of a divorce suit.
On the conservatorship side, you have a situation where you will either have joint conservatorship or sole management. There’s no concrete way that judges decide whether a father has rights or a mother has rights.
The judge must consider all the facts presented to them. Obviously, each attorney will attempt to present facts in the most favorable light for their clients, but the judge must consider all the facts.
Then, it uses the family code or case law to determine what is in the best interest of the children.
The best interest of the children is always what the court keeps in mind. Father’s rights, I believe in the state of Texas, they’re the same as mothers’ rights, it’s just going to depend upon who the judge believes based on the fact that is going to be the primary parent.
It is sometimes the Father, sometimes the Mother. Sometimes it’s restricted to a school area or a specific geographic area, where parents share equal 50/50 possession.
We’re seeing that more and more nowadays, especially in your more urban populated areas where people are living closer together, and they’re able to exercise a 5050.
We always try to approach it from what is in the best interest of the children and present that to the judge. Hopefully, the judge will make a determination based on those facts that it is in the best interest of the children to have both parents involved in their lives as much as possible.
