Austin Father’s Rights Lawyer

Father’s Rights Attorney in Austin, TX

Parenting is difficult, but it can be made even more so if you and the other parent are failing to see eye to eye. If your co-parent is making it difficult for you to assert your rights as a father, a family law attorney from The Law Office of Ben Carrasco, PLLC could help. An Austin father’s rights lawyer could help you understand how the law protects you and could strategize ways to exercise your rights.

In most situations, both parents bear a responsibility for providing for their child. Along with those responsibilities come rights as well, such as the right to make decisions on a minor’s behalf, including where the child lives, how they should be cared for, where they should attend school, and how their medical needs should be met. However, in some situations, fathers and mothers may have trouble asserting these rights.

Hire a Father’s Rights Lawyer

At the Law Office of Ben Carrasco, PLLC, we know how important it is for fathers to have and exercise their parental rights. This is your family, after all, and you want an experienced, compassionate attorney on your side to protect your rights and your interests. Ben Carrasco is a graduate of Stanford Law School with years of experience in family law. He’s a straight talker who can tell you what you need to hear, not just what you want to hear.

Above all, Attorney Ben Carrasco and his team know Texas’s fathers’ rights laws, and they put that knowledge to work for their clients. Whether negotiating for a fair parenting agreement out of court or arguing in front of a judge, Ben aggressively represents his clients to reach a deal that’s in the interests of the family.

What Are a Father’s Legal Rights Under the Law?

Provisions within Texas Family Code Chapter 151 dictate a father’s rights and duties under state law. The duties for which a father is responsible include disciplining and caring for the child, providing necessary support regarding basic needs and education, and managing the child’s estate if the child predeceases. On the other hand, many rights come along with these responsibilities. Fathers’ delineated rights include:

• Having the child within their physical possession
• Providing input regarding the child’s religious and moral instruction
• Determining where the child should live
• Consenting to allow the child to get married or enlist in the U.S. armed forces
• Providing input regarding the child’s medical and psychiatric care
• Representing their child in legal proceedings
• Inheriting through and from their child if the child predeceases them
• Making decisions regarding the child’s schooling

If a father finds himself in a situation in which someone else tries to preclude him from exercising these rights, an attorney could provide guidance on what steps to take.

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Termination of a Father’s Rights

There are certain circumstances in which a father may have his parental rights legally terminated. Because of the gravity of these types of situations, it is important for the father to consult with a lawyer if they feel their parental rights are in danger.

Under Texas Family Code 161, the law allows for both involuntary and voluntary termination of the father-child relationship.

A father’s rights may be terminated involuntarily if they leave their child with no express intent of returning, knowingly places or allow their child to be in dangerous surroundings, engages in conduct that endangers the child, abandons the child’s mother during the known pregnancy, fails to enroll the child in school, or has been convicted of a serious crime.

Restoration of a Father’s Rights

If the court takes a father’s rights away, he does have legal options to get them restored. Passed in 2021, Texas HB2926 allows parents whose rights were involuntarily taken away to petition the court to have them reinstated. There are strict requirements that must be met for this to be possible.

• At least two years must have passed since the court revoked the father’s rights.
• The child has not been adopted.
• The father has shown he’s been rehabilitated, relating to the reason for the termination of rights.
• The child agrees, assuming they are over 12 years old.
• Reinstating rights serves the best interests of the child.

In rare cases, a father may be able to restore their rights if they gave them up voluntarily, but this is unlikely to happen. Regardless of the reason you lost your parental rights, you can consult with an experienced Austin father’s rights attorney to help you find ways to get those rights back. The Law Office of Ben Carrasco can give you the support you need in your father’s rights case.

How Custody Orders Impact a Father’s Rights

Custody orders play a significant role in determining a father’s rights. Prior to a custody order, a father who has established paternity has equal rights to his child as the mother. This means he has an equal say in the child’s healthcare, education, residence, and other major decisions. However, a custody order from the court can change that.

In many cases, Texas courts order joint managing conservatorships. Under this parenting agreement, parents generally share decision-making powers to some extent. However, this doesn’t always reflect physical custody. In Texas, about 10% of noncustodial parents are mothers, meaning fathers make up the other 90%. Even in joint managing conservatorships, one parent may get the final say over important decisions in the event of a disagreement.

Custody vs. Conservatorship

Texas uses the term conservatorship instead of custody, but in a non-legal context, they’re often used interchangeably. In a legal context, the primary differentiating factor you should be aware of is between joint managing conservatorships (JMCs) and sole managing conservatorships (SMCs). JMCs are more common than SMCs. 

It’s typically the case that courts withhold custody from one parent only if joint managing conservatorship is not in the best interests of the child. This could be the case if there is a history of:

• Domestic violence
• Child abuse or neglect
• Abandonment

The courts always prioritize the best interests of the child when making decisions about who should be assigned as the child’s conservator. This is the case whether the judge decides on a JMC or an SMC.

Understanding Standard Possession Orders

A Standard Possession Order (SPO) is the default visitation schedule for children over the age of three in Texas. It divides parenting time between custodial and non-custodial parents and outlines routines for weekends, mid-week visits, holidays, and summer vacation. The exact schedule varies depending on how far the parents live from each other. If parents live less than 100 miles apart from each other, an SPO dictates that:

• The non-custodial parent gets access to the child on the first, third, and fifth weekends.
• Weekends begin on the first, third, and fifth Fridays of the month
• The non-custodial parent gets access to the child from Friday at 6 PM through Sunday at 6 PM.
• The receiving parent picks up the child.
• The non-custodial parent gets access to the child from 6 PM through 8 PM on Thursdays during the school year.
• Weekends may be back-to-back.
• The non-custodial parent receives access to the child during the summer, on holidays, and on special days.
• The child must be picked up from and returned to their primary residence or another agreed-upon place.
• The child’s items must be returned with them.

If the child’s parents live over 100 miles away from each other, the situation under an SPO is a little different. Under these circumstances:

• The non-custodial parent may choose one weekend each month out of the first, third, or fifth weekend, but must provide at least two weeks’ notice.
• A written request for one weekend per month must be made within 90 days of the two parents beginning to live more than 100 miles apart.
• The child gets extended time with the non-custodial parent during their summer and spring breaks.

Expanded SPO

Fathers can also argue for Expanded SPO, which maximizes their time with their children. An Expanded SPO anchors transitions from one household to the other on the child’s school schedule. 

Non-custodial parents have access to their children from school dismissal on Friday through school return on Monday, and the Thursday night visitation is expanded to include a full overnight visit. Under an Expanded SPO, the non-custodial parent gets more overnight visits with their child.

Enforcing Existing Custody and Support Orders

Court orders for child custody and support are legally binding, meaning one parent can take the other to court at the Travis County Civil & Family Courts Facility if there are any violations. Enforcement actions help make sure that both parents comply with the terms of the order and do not infringe upon the other’s rights. 

If your coparent denies you your scheduled parenting time, fails to consult you on a decision that you have the right to be a part of, or violates the order in another way, you can file a motion with the court.

When a Violation Happens

If a violation has occurred, the court may order the other parents to pay a fine, require them to cover your attorney fees, schedule a make-up date, or impose other remedies. If there are repeated violations of an existing order, you have the right to request a modification. In 2024, 64,484 family law cases filed in Texas were for post-judgement modifications, including custody and child support.

Similarly, courts can impose penalties for missed child support payments. These penalties can include wage withholding, repayment plans, and other legal consequences. Again, if necessary, the court may modify the existing child support order if issues continue to occur.

How Establishing Paternity May Come Into Play

Under state law, paternity is the legal relationship between a father and his child, and it gives the father rights as a parent. Legal fatherhood is automatic and presumed when he is married to the woman who gives birth to his child.

When the parents are married, they have equal legal rights to the child. When an unmarried woman delivers a child, paternity must be legally established through a signed acknowledgment of paternity or a court order before the child can have a legal father.

Until paternity is legally established, the biological father does not have any legal rights with respect to the child. An acknowledgment of paternity form (AOP) is the simplest way for unmarried parents to establish paternity. To be valid, both parents must voluntarily sign the form.

Court Orders for Paternity

Establishing paternity via a court order may involve having a father’s rights attorney file a petition with the court or requesting that the Texas Office of the Attorney General open a paternity case. Paternity is often established through a court order when questions regarding the true father exist and involves genetic testing to confirm a biological relationship to the child.

FAQs

Q: What Are the Rights of a Father to His Child?

A: Absent a court order stating otherwise, a father’s rights to his child include conservatorship and possession. This means a father has the right to make decisions regarding his child’s education, healthcare, residency, religion, and general well-being, in addition to being able to spend time with the child. If the parents are unmarried, the father must establish paternity via a court order or an acknowledgment of paternity before he has any legal rights.

Q: Can a Mother Withhold a Child From Their Father?

A: A mother generally cannot withhold a child from their father if there is a court order in place for custody or visitation. Texas’s 3-strike law, established under SB 2794, even goes as far as to impose strict penalties when parents deny legally ordered access to a child. If you believe your co-parent is depriving you of legally mandated time with your child, consult an experienced Austin father’s rights attorney immediately.

Q: Does a Father Have 50/50 Rights?

A: Whether a father has 50/50 rights largely depends on his marital status to the mother, whether there is an existing court order, and whether paternity has been established. If parents are married and there are no court orders, fathers and mothers equally share rights. If parents are unmarried and there is no court order, the father must establish paternity, and then rights are equally shared. Before paternity is established, the mother retains sole custody.

Q: How Do Courts Determine Custody?

A: In Texas, courts determine custody by using the best interests of the child standard. This means judges will look at each parent’s relationship with the child, their ability to provide a safe environment, any history of criminal activity or abuse, the child’s needs, and the child’s wishes, if appropriate. The court will review these factors and create a parenting agreement that serves the child’s best interests.

Austin Father’s Rights Lawyer

Parenting can be one of the most beautiful things in life, but it can also be one of the most significant responsibilities an individual takes on. A father plays a vital role in a child’s life, but sometimes people or situations can get in the way of that relationship. When a co-parent or other party in Austin hinders your relationship with your child, a father’s rights lawyer could help determine how you can protect your interests.

Contact us today to hire a father’s rights lawyer from the Law Office of Ben Carrasco, PLLC.