While many fathers still believe that the cards are stacked against them in child custody cases, the reality of modern child custody laws in Texas is that dads are regularly awarded something approaching 50/50 custody (known as the Expanded Standard Possession Order in Texas).
In fact, most movies and TV shows get the reality of dads and custody wrong—at least in Texas, courts assume that it is in every child’s best interest to have both parents in their lives (unless proven otherwise).
However, there are plenty of circumstances where the Expanded Standard Possession Order is not put into place, giving dads a lower level of custody than they might expect. This is where having an attorney on your side becomes crucial.
If you are facing divorce or separation, or if you are an unmarried father seeking to establish your rights, this guide will give you the essential information you need to better understand the Texas family court system.
Just keep in mind that, in child custody cases in Texas, you generally do not have a right to a free attorney like you might in a criminal case or a case involving child protective services. If you cannot afford an attorney, there are options, but the court rarely appoints attorneys in child custody cases.
Trying to navigate a child custody case yourself drastically reduces your chances of success, especially if your child’s other parent has a competent attorney on their side. Keep reading to learn why.
How to Win Custody as a Father | Understanding Texas Custody Laws
Before we dive into strategies on how to win custody as a father, it is important to understand the basic framework of Texas child custody laws.
In Texas, the primary consideration in any custody case is the best interest of the child. The court will consider various factors to determine what arrangement will best serve the child’s physical, emotional, and developmental needs.
As mentioned, when it comes to dads and custody, Texas law presumes that it is in the child’s best interest for both parents to share in the rights and duties of raising the child. However, it is crucial to note that this does not necessarily mean equal time with the child. In fact, it is common for a “50/50” split to be closer to 55/45 or 60/40.
In some (usually extreme) cases, the court may award sole custody (called sole managing conservatorship) to one parent if it is in the child’s best interest. This gives one parent the exclusive right to make important decisions for the child.
A parent has to make some serious mistakes to not be granted joint custody. Usually, it is caused by serious negligence, abuse, or violence, including the following factors:
- Family violence against a parent or child
- Child abuse, neglect, or any other form of abuse of any child
- Alcohol or drug abuse
- Absence from the child’s life
- Serious mental health issues
- Serious income issues
- Lack of stability in the home
If any of these apply to you, the sooner you can rectify them, the better. Judges do not automatically take away custody based on the above issues, and they are often willing to restore custody if a parent meets certain requirements, like passing drug tests or going to anger management classes.
Dads and Custody | 7 Steps for Increasing Your Chances of Success
If you are wondering how to win custody as a father, you need to take a few actions (and avoid taking a few others).
Retain an Attorney as Soon as Possible
You should always assume that the other parent has retained an attorney. You should equally assume that this attorney is competent, tenacious, and willing to fight hard for their client.
Child custody laws are incredibly complex and require many years to understand, let alone master. This is not the time to try to handle things yourself. Retain an experienced attorney as soon as possible so that you can have the best chance of success.
Establish Paternity
If you are not married to the child’s mother, legally establishing paternity is a crucial first step. In Texas, this can be done voluntarily through an Acknowledgment of Paternity or through a court order.
Do not Leave the Residence Where Your Child Lives
Unless there is imminent danger to yourself or someone else, try as much as possible to stay in the residence where your child lives. Even if things are strained in the home, staying shows the court that you are serious about caring for your child.
Giving up daily involvement with your child demonstrates to the court that you may not be committed to raising them or providing them with a stable environment—or at least, not as committed as the other parent.
Document Everything
Keep a detailed record of your involvement in your child’s life. This includes time spent together, participation in school and extracurricular activities, and any communication with the other parent about your child.
This might also include school records showing your involvement, testimonials from teachers or coaches, and receipts showing that you helped pay for items your child needs. If communication is tense, proof that you kept your cool even when the other party did not can go a long way in court.
Create a Parenting Plan
Develop a comprehensive parenting plan that demonstrates your ability to meet your child’s needs. This should include a proposed custody schedule, plans for education, healthcare, and extracurricular activities.
You will also want to show that you can provide a stable home environment, including appropriate living space for your child. This should be part of the plan.
Address Any Issues
If you have any past issues that might be brought up in court (such as substance abuse or domestic violence), be prepared to show how you have addressed these problems and how you have changed. Records of stays in rehabilitation facilities or completed drug or anger management classes can help, especially if they were not court-ordered.
Show Willingness to Co-Parent
Demonstrate that you are willing to work with your ex for the benefit of your children. Courts favor parents who can cooperate. It can pay off substantially to be the parent who acts level-headed and focuses on the children instead of fighting, arguing, and acting petty.
The Importance of Legal Representation
While it is possible to represent yourself in a custody case, having an experienced family law attorney can significantly improve your chances of success. An attorney who specializes in dads and custody cases can:
- Help you understand your rights and the intricacies of Texas family law
- Assist in gathering and presenting evidence effectively
- Negotiate with the other party’s attorney on your behalf
- Represent you in court, making legal arguments and objections as necessary
- Help you avoid common pitfalls that could harm your case
If you cannot afford an attorney, look into legal aid services or consider limited-scope representation, where an attorney assists with specific parts of your case.
Are You a Dad Seeking Custody, Full or Otherwise? We Can Help
Navigating the world of child custody can be challenging, but with the right preparation and approach, fathers can and do win custody in Texas. Remember, the court’s primary concern is the best interest of the child. By focusing on your child’s needs and demonstrating your parenting abilities, you can improve your chances of success.
Remember, every case is unique, and while this guide provides general information, it is always best to consult with an experienced family law attorney for advice specific to your situation. We are happy to discuss your case with you and explore how we can help. We can also help with child support issues.
Contact us to set up your initial consultation with one of our attorneys or call us directly at (214) 646-3253.
