Father’s Rights In Texas

The presence of a father in the life of a child is extremely important for their growth, education, and future. Unfortunately, a divorce can have a negative effect on the upbringing of children when a father is not present in their life. Numerous studies have shown that when a father is not present in their lives, children engage in criminal activity, involve in drugs and alcohol, and perform poorly in school. The research shows that it is extremely important to have the presence of a father in the life of a child to improve the chances of having a happy life and a prosperous future.

Fathers in Texas have a right to be involved in their child’s life. If the father is a custodial parent, he has the right to ask for child support. If he is not a custodial parent, he has the right to participate in the child’s life without unfair interference. The father also has a right to maintain an ongoing relationship with the child in the child’s best interest. Father’s rights involve active compromise with the mother, where arrangements should be made to divide parenting responsibilities. If both parents have trouble reaching an agreement, the help of a parental rights family law attorney should be sought.


A pre or postnuptial agreement drawn between two spouses may be rendered invalid based on present circumstances. Both parties should reach an agreement that is fair to everyone, keeping in mind the child’s best interest. If the father is not the custodial parent, he has the legal right to spend time with his child and know his or her whereabouts. These are called access and visitation rights. A father’s visitation rights are not enforced by Texas law. In Texas an unmarried father is not automatically recognized as the father, and paternity must be established for the baby to have a legal father. The father may establish paternity by either signing a legal document called an acknowledgement of paternity, or get a court order. When a baby is born to married parents, legal fatherhood is automatic.


A person having possession rights to a child is called a conservator. There are two kinds of conservators—managing conservator and possessory conservator. The Texas Family Code presumes joint managing conservatorship, which means rights regarding the child are split between the mother and father.  If the father is the sole managing conservator, his rights include: the right to designate the primary residence of the child, to consent to medical, dental, and surgical treatment, to consent to psychiatric and psychological treatment, the right to receive and give receipt for periodic payments for the support of the child, and the right to make decisions regarding the child’s education. The father then possesses these rights exclusively and does not share them with the other parent. The other parent is the possessory conservator and has limited rights.


If you or a loved one is fighting a custody or visitation battle, seeking the help of an experienced family law attorney in Texas can help you get the desired results. An experienced attorney will help you analyze all the aspects of the case, help you understand the Texas Family Laws, and fight for you to get the custody and visitation of your children. When you seek the help of an experienced attorney for your parental rights case, he or she can help you decide about the right steps to take, protect your rights, and keep the best interest of your child in mind.