A Father has rights before he goes to court.
Preserving Texas Fathers’ Custody Rights is a top priority at Reeves Law Firm. The parent-child relationship plays ain important role in healthy child development. In most cases, parents and children love and need each other over a lifetime, whether the parents are happily married, unhappily married, separated, divorced or were never together beyond conception. If you are approaching a Texas divorce or are engaged in a child custody dispute, you are well-advised to seek out a family law attorney who understands your position and is prepared to advocate zealously on behalf of you and your children. Schedule a Complimentary Consultation Regarding Fathers’ Visitation Rights With Plano Divorce Lawyer Roy Reeves.
A Father, whether divorced, separated, or single is entitled to a relationship with his children including:
The right to enjoy rewarding bonds with their children, in spite of a broken relationship with the mother
The right to a fair chance at, and a fair share of, child custody and visitation
The right to pay no more than what is required in child support or to receive a fair amount of child support from the mother if circumstances warrant such payments
Somewhere along the timeline of civilization a rumor got started that a Mother has rights when a child is born and a father must go to Court and ask for his rights – unless the mother just agrees to give the man some rights. I don’t know where this theory or rumor started, but I do know that it is absolutely wrong. Parental rights are inherent and there is no Court intervention necessary, rather parental rights arise by nature at the time the child is born and they arise in BOTH the mother and the father. One may go so far as to say Parental rights are in the DNA.
However, it is important to note that while the rights exist by nature, enforcement may be an entirely different proposition. By way of example, lets go back to the common scenario based on misconception:
A child is born out of wedlock and the mother and father are not on the best of terms. Generally speaking, the father is usually not a large part of the child´s life until one day he decides he wants to know his child and that is when the mother states “You have no rights.” or some similar words. Dad calls the cops for help getting his child and the cops merely advise that “This is a domestic issue, you have to go to court.”
This is more a matter of practicallity than law. Perhaps it is the locus of the erroneous rumors; however it is merely the police officer taking the path of least resistence. Keep in mind, a police officer´s job is to protect and serve the public, it is not the police officer´s job to act as a judge, settle disputes between parents, or get involved in your “personal affairs”. However, when you do go to Court, your custody orders should always contain an Order from the Court to any peace officer stating that he or she may take whatever reasonable measures are necessary to affect the orders. This is known as the Writ of Attachment – it gives the police officer power to get involved in your “personal affairs” only to the extent necessary to enforce the orders of the Court. More important to the officer, this Writ gives the officer protection. In other words, a police officer has no power to get involved until a Judge says he/she can and if the officer exceeds his/her authoirty, the officer may be sued or reprimanded. But if the officer has the authority of the Judge, the officer cannot be sued or punished by the administration.
Questions about Texas Parentage?
Many of our clients are unmarried men who need to understand their rights and responsibilities in Texas parentage proceedings. Some men who acknowledged fatherhood at the time of birth need to find out how to revisit the question of paternity. Most frequently, however, our clients need advice about how to protect their access to their children after paternity has been established and a child support obligation is in place.With DNA testing available as a reliable means of proving a fatherâ€™s identity in nearly all cases of contested parentage, determining paternity is usually the least complicated part of a Texas parentage case. Nevertheless, a man who does not understand the issues and procedures in a paternity case risks losing important rights that could be very difficult or impossible to recover later on. If you are not absolutely sure that you are the father of an unmarried womanâ€™s child, itâ€™s a good idea to get legal advice before responding to allegations of paternity. In fact, before September 1, 2011 if man had admitted or thought he was a father and did not challenge, the law prohibited him from later challenging even if he learned new information or was literally told by the mother that he was not the father. Affective 9/1/2011 the law changed to allow paternity to be challenged so long as it is done within 2 years of learning information that would cause a reasonable man to seek paternity testing.
Child Custody and VisitationBetween Unmarried Parents
Nonbiological father’s rights
Disputes between biological fathers and the mother’s family that affect access to children
Child support enforcement or modification issues
Interstate or international parental relocation proposals
Adoption and issues relating to termination of a biological father’s parental rights