As a father facing divorce in Texas, it is crucial to understand your rights and how to navigate the legal system to ensure the best possible outcome for you and your children.
Unfortunately, there is a lot of misinformation concerning what rights fathers do and do not have during the divorce process. This post will help you to understand the actual rights that you have as a father in the State of Texas, and will hopefully dispel any misconceptions about those rights.
Keep reading to learn more about fathers’ rights in divorce, including child custody, child support, and property division, as well as the importance of seeking experienced legal representation.
Understanding Fathers’ Rights in Divorce
When it comes to divorce, fathers often feel overwhelmed and unsure of their rights thanks to the common misconception that women are favored by the judicial system. This is a common theme in many movies and TV shows. In reality, Texas courts firmly believe that children do best when both parents are involved.
It is important to remember that Texas law is gender-neutral, meaning that fathers have the same rights as mothers in divorce and custody proceedings. This includes the right to seek custody of their children, receive child support, and obtain a fair division of marital property.
Child Custody and Visitation
One of the most common concerns for fathers in divorce is maintaining a strong relationship with their children. In Texas, the court presumes that joint conservatorship (which essentially means joint custody) is in the best interest of the child.
This means that both parents share the rights and responsibilities of making decisions for their children, including decisions about education, healthcare, and religious upbringing.
However, one parent will usually be designated the “custodial parent,” which means they have the exclusive right to decide where the child will live (typically within a predetermined geographic region set by county boundaries or with a radius of 50 to 100 miles). The other parent is then known as the “non-custodial parent.”
Standard Possession Order
Usually, the court will award what’s known as the “Standard Possession Order.” Texas law presumes this type of order is in the best interest of all children over the age of 3.
Even with this order in place, parents who agree on a different possession schedule can change this at their leisure without having to go to court. The courts prefer that parents learn to co-parent and do not turn to the judge every time there is a disagreement.
This means that you and your former spouse can deviate substantially from the Standard Possession Order as long as you both agree to it. If you both are unable to agree, and there is sufficient evidence in front of the court to show that the Standard Possession Order is not working, the judge can create a modified possession order.
Modified Possession Order
If, for any reason, the court decides that the Standard Possession Order is unworkable, it can make changes to the order—this is known as a modified possession order.
The court will determine a possession schedule (visitation schedule) based on the best interest of the child, taking into account factors such as the child’s age, the distance between the parents’ homes, and each parent’s ability to provide a stable and nurturing environment.
As a father, it is essential to demonstrate your active involvement in your child’s life and your commitment to their well-being, even if you were not their primary caretaker while you and your spouse lived together.
Keep records of your participation in school events, extracurricular activities, and medical appointments, as this evidence can support your case for custody and visitation.
Additionally, be prepared to show that you have a suitable living arrangement for your child, including adequate space and a safe environment.
It is also important to maintain open communication with your ex-spouse and to prioritize your child’s needs above any personal conflicts. The court will look favorably upon parents who can cooperate and make decisions together in the best interest of their children.
If you believe that your ex-spouse is interfering with your visitation rights or making false allegations against you, it is crucial to document these incidents and bring them to the attention of your attorney and the court.
The court has the power to enforce visitation orders and hold the non-compliant parent accountable.
Child Support
Another important aspect of fathers’ rights in divorce is child support. In Texas, both parents have a legal obligation to financially support their children. The non-custodial parent (the parent with whom the child does not primarily reside) is typically required to pay child support to the custodial parent.
Child support is calculated using a formula that takes into account the non-custodial parent’s net income and the number of children involved (Texas provides a monthly child support calculator here).
However, there may be circumstances in which the court deviates from the standard guidelines, such as when the non-custodial parent has a significantly higher or lower income than the guideline amount, or when the child has special needs that require additional financial support. You can also request a modification to your child support order if your circumstances change.
If you are the custodial parent, you are entitled to receive child support from your child’s mother—Texas courts only care about this designation, not your gender.
Property Division
Texas is a community property state, which means that all assets and debts acquired during the marriage are generally considered to be owned jointly by both spouses and must be divided equitably in a divorce.
This includes:
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
However, it does not include:
- Assets owned before the marriage
- Personal injury damages
- Gifts received during the marriage
- Inheritances
- Anything listed in a premarital/prenuptial or post-marital agreement
Equitable division does not necessarily mean a 50/50 split but rather a division that is fair and just based on the circumstances of the case. Factors that may influence property division include the length of the marriage, each spouse’s earning capacity, and the needs of the children.
Fathers have the right to a fair division of marital property, so it is crucial to work with an attorney who can help you identify and value all assets and debts and negotiate a favorable settlement or argue your case in court if necessary.
This may involve hiring experts such as appraisers, financial analysts, and forensic accountants to ensure that all assets are properly valued and divided.
It is also important to consider the tax implications of property division as some assets may have hidden tax liabilities that could impact your financial future. Your attorney can help you understand the potential tax consequences of different property division scenarios and develop a strategy that minimizes your tax burden.
Alimony and Spousal Support
In some cases, fathers may be entitled to receive alimony (also known as spousal support) from their ex-spouse. Alimony is designed to help the lower-earning spouse meet their minimum reasonable needs.
In Texas, alimony is not automatically granted and is typically only awarded in specific circumstances, such as when one spouse is unable to support themselves due to a disability or when there is a significant disparity in earning capacity between the spouses.
If you believe that you may be entitled to alimony, you will need to discuss your situation with your attorney and gather evidence to support your claim. This may include documenting your financial needs, your ex-spouse’s earning capacity, and any sacrifices you made during the marriage (such as leaving the workforce to raise children).
Let’s Talk About How We Can Help You Today
Navigating the complexities of divorce can be challenging, especially when it comes to understanding and protecting your rights as a father.
By working with a knowledgeable family law attorney, you can emerge from the divorce process with a strong foundation for the future. We can help with contested divorces, uncontested divorces, and more.
If divorce is looming in your life, we’re here to help. Contact us today to set up your initial consultation, or call us directly at (214) 646-3253.
We can’t wait to hear from you!
