A Father’s Rights in a Texas Divorce

Can a Father Get Custody? What Are the Rights of a Non-Custodial Father?

Fathers’ rights have come a long way over the last half century. Just a few decades ago, it was almost a given that the mother would get custody of any minor children of divorce and that the father, at best, would have the opportunity to see his children every other weekend and on alternating holidays.

The Changing Landscape of Fathers’ Rights in Texas

Though fathers are not yet on equal footing with mothers when it comes to physical custody, the trend, over the past 50 years, has been to grant more fathers custody, or what Texas calls “managing conservatorship.” A study by the Pew Research Center found that in 1960, just one percent of households with minor children were headed by a single father. By 2013, that number had increased to approximately 8%. Researchers attribute the dramatic increase to the higher divorce rates after 1960, as well as social perceptions that favored equality among the sexes.

Fathers’ Rights in Texas—An Overview

Under the Texas Family Code, both fathers and mothers possess rights and duties, but neither parent has exclusive rights or duties.  In an ideal situation, the parents will come to agreement regarding custody and visitation, basing such a decision on the best interests of any minor children. If, however, the parents cannot agree, both have rights to:

• Participate in determining the primary residence of the child
• Have primary physical possession (custody) of the child
• Engage in making decisions about the child’s health, education, religious training, extracurricular activities, and general welfare.

Let Graham Family Law Help You Resolve Any Issues Related to Fathers’ Rights

At Graham Family Law, we bring more than 20 years of experience to clients in San Antonio and the surrounding communities who need proven divorce and family law counsel. As skilled trial attorneys, we protect your rights before a judge and jury. We also earn respect within the legal community for our ability to negotiate effective settlements for our clients.  Call us at 210-308-6448 or contact us by email to schedule a consultation today to learn how we can help you with legal issues concerning fathers’ rights.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comal and Guadalupe counties, as well as the municipalities of San Antonio, New Braunfels, Sequin, Helotes, Alamo Heights, Castle Hills, Balcones Heights, Converse, Shavano Park, Terrell Hills Boerne, Comfort and Floresville