Fathers’ Rights

We Help to Protect Custody Rights for Fathers and Rights to a Fair Visitation Agreement.

There is increased recognition of the custody rights for fathers in Texas as the courts are beginning to give equal value to the father’s ability to raise their children. It is more and more common for Courts to award 50/50 possession schedules with the children spending close to if not equal time with both parents. There are specific factors that will determine which parent is best suited to be the one with primary custody, and it is no longer an automatic default to the mother.

Some of the tests used to select the primary custody parent are:

• Which parent has the superior financial ability to care for the child;
• Stability of lifestyle and ability to provide a home;
• The parent who has a parenting plan in place;
• Ability to provide child care and spend quality time with the child;
• Location of the child’s school and whether a change in schools is harmful; and/or
• Drug and alcohol problems and other issues affecting moral upbringing.

It is not difficult to imagine a scenario where a father could be more qualified to have primary custody of a child, especially if the mother has a history of emotional instability, poor decision making or addictive behaviors. For this reason, fathers should not relinquish their rights to custody if they believe the child would be better served by primarily living with them.

Misconceptions about Child Custody

Unfortunately, mothers have traditionally felt superior as the parent to be awarded custody and therefore custody rights for fathers may not be pursued as aggressively. At Merritt Law, we believe that both parents are important to their children’s lives and we can aggressively represent your request for equal time or more with your children.

If you are a father in a custody battle it is crucial that you are represented by an attorney who can fight for your right to custody if that is best for the child. Before you sign an agreement that will control custody and visitation, you must have your case reviewed to see if you can gain custody. If the mother resists your right to custody, then the case will need to be decided by the court who will apply equal-weighted tests to determine the best parent for primary custody.

How Can We Help?

Merritt Law has fought many custody battles with success and understands how the courts view this very important choice. Traditional parenting roles are no longer the deciding factor in assigning custody, and as a stable and caring father you have the right to make your case for custody. If necessary, we are prepared to litigate your case if necessary, and give you a chance to gain custody for the benefit of your child. Contact us to discuss Custody Rights For Fathers today.