San Marcos Fathers' Rights Lawyer

Attorney Helping Fathers Address Child Custody Issues in San Marcos, TX

Many father today are deeply involved in their children's lives. They may coach sports teams, cook dinners on a regular basis, help with homework, take their kids swimming on summer weekends, and handle other ongoing responsibilities. Unfortunately, many dads who are involved in child custody cases worry that they will be treated as a person for their children to visit on weekends instead of an equal parent. Those concerns are understandable, but with help from an attorney, a father can make sure he will have the same opportunities as a mother when raising his children.

At Hill Family Law, our lawyer stands up for fathers in San Marcos who are going through divorce or who need to address issues related to child custody in other situations. He has extensive experience representing dads in family courts, and he knows how custody laws apply to fathers. With his negotiation skills and his ability to represent clients in family courts, he can help ensure that fathers will be able to maintain good relationships with their children.

Why Fathers May Worry About Their Parental Rights

In many cases, dads who will be sharing custody of their children have heard stories about how courts automatically favor mothers in these matters. While this may have been true in the past, with courts assuming that mothers are more involved in child care, the laws in Texas now use gender-neutral language. A parent's gender is not a factor considered when determining how child custody cases should be decided.

Unmarried fathers may face challenges as they take steps to ensure that they will be able to participate in raising their children. Until a court establishes paternity, a father may not have any parental rights. If a mother decides to limit contact between a child and a father or move to a new city, a father may not be able to maintain meaningful contact with his child until he takes steps to establish paternity.

How Fathers Are Protected in Family Law Cases

When addressing child-related issues, courts will consider each parent's qualifications rather than their gender. A father and a mother will have equal footing during a case, and the law generally presumes that appointing both parents as joint managing conservators is in the best interests of children.

In cases involving joint conservatorship, both parents will be able to participate in decisions about how children will be raised. However, even if a mother is named the sole managing conservator, a father will typically have the right to reasonable possession and access, ensuring that he can spend time with his children on a regular basis. When a father has possession of his children, he will have important rights and duties, including:

  • Care and Control: A father will have the responsibility to care for and protect his children.
  • Daily Needs: A father will have the duty to provide food, clothing, and shelter during his periods of possession.
  • Emergency Medical Care: A father has the right to consent to medical treatment that may be needed on an emergency basis without consulting with or receiving approval from the mother.
  • Moral and Religious Guidance: A father will have the right to discipline children, provide them with instruction related to personal concerns, and engage in religious activities while children are with him.

Showing a Father's Involvement During a Family Law Case

Judges may look at the role that each parent has played in children's lives as they review a case and make decisions about child custody. A father may be able to strengthen his position by presenting clear evidence of his involvement in raising children.

Demonstrating Day-to-Day Parenting

Evidence showing that a father has provided routine care for children can carry a great deal of weight in family court. A father might show that he regularly drives children to school, schedules their dental checkups, attends sports practices and games, or handles bedtimes and nightly routines. Records such as sign-in and sign-out sheets from daycare or photos from family outings can all help paint a complete picture of a father's involvement.

Preparing a Home for Children

A father may need to show that he can provide a suitable home for his children. He will need to ensure that his home includes appropriate sleeping spaces for each child, that there are no safety concerns, and that children will have a good environment where they can stay. He may also take steps to show that there is a plan for transporting children to school and arrangements for child care while he is working.

Statements From Witnesses

Teachers, coaches, pastors, pediatricians, neighbors, or extended family members can describe what they have observed about a father's relationship with his children. Testimony from witnesses can be persuasive when showing that a father has been an important part of his children's lives and should be able to continue in that role.

Advocating for the Rights of Fathers

Our attorney will work with a father to secure joint managing conservatorship and a possession schedule that will give him substantial time with his children. Depending on a family's circumstances, he may advocate for an equal time arrangement, or he may request that a father be given the right to decide on his child's primary residence.

When children will live with their father most of the time, our lawyer can take steps to ensure that the father will receive appropriate child support. He will review the income earned by the mother and other financial information to ensure that child support is calculated correctly. He can also make sure child-related expenses will be divided between parents, including medical and dental expenses, child care costs, and other expenses.

Contact Our San Marcos, Texas Fathers' Rights Attorney

Fathers play an important role in their children's lives, and during family law cases, they may need to take steps to ensure that they can continue serving in those roles. At Hill Family Law, our attorney can provide the representation needed to ensure that a father can be an active, equal parent. Contact our San Marcos, TX fathers' child custody rights lawyer at 830-229-2129 to arrange a free consultation.