Round Rock Mother’s Rights Lawyer

At one time in Texas, the maternal presumption meant that mothers automatically received custody of the children in divorce cases. This meant that fathers were left paying child support and had little say in their children’s daily lives. It also meant that mothers had to raise children alone. Today, with more fathers asserting their legal rights, mothers need to ensure their rights are protected during divorce or separation as well.

At Kimbrough Family Law, our family law attorneys have extensive experience in representing mothers during child conservatorship, possession, and access cases. If you believe your rights are not being considered fairly in a custody case, you need the legal support of a Round Rock mother’s rights lawyer.

What Are a Mother’s Rights in Texas?

When it comes to co-parenting, Mothers in Texas have important legal rights when it comes to their children, including the right to seek custody (conservatorship), possession and access (visitation), child support, and decision-making authority regarding a child’s education, healthcare, and overall welfare. A mother also has the right to protect her relationship with her child and seek court intervention when the child’s well-being, safety, or stability is at risk.

For unmarried mothers, Texas law generally recognizes the mother as having sole legal rights to the child at birth unless and until a court issues a different order or the father establishes legal paternity. Once paternity is established, a father may seek conservatorship, possession, and other parental rights through the court process.

Fathers must establish paternity by acknowledging the child or agreeing to be shown on the birth certificate. Married parents are presumed to be joint managing conservators. This means that both parents share the right to make decisions about their child’s health, education, and general welfare.

When considering conservatorship and visitation, courts will not favor the mother automatically except in very rare instances of newborn nursing infants. Court decisions are based on the best interest of the child standard under Texas Family Code § 153.002. A judge will consider physical and emotional stability, history of abuse or neglect, or parental alienation when deciding custody agreements. The Round Rock attorneys at Kimbrough Family Law could provide the guidance you need in a parental rights case.

Protecting an Unmarried Mother’s Legal Rights

Unmarried mothers can protect the child’s and the presumptive father’s legal rights by filing a Suit Affecting the Parent-Child Relationship (SAPCR) when the child is born. A SAPCR asks a judge to make a custody, visitation, and support order before you and the child’s presumptive father have any other legal issues in place.

If you are concerned about demands from the father, such as refusing to pay support unless they can see the baby, or you just want something on paper so you have a visitation schedule in place, you should consider a SAPCR when the child is born. An attorney from our Round Rock team could help protect your rights as a mother.

Amicable Divorce Solutions

Texas family law prefers that divorcing spouses resolve their parenting plan issues amicably when possible. Texas Family Code § 153.007 allows parents to write their own conservatorship plan through an amicable process. Although the best interest of the child standard still prevails, if the judge finds that the agreement meets the court’s standards, it will become part of the marital settlement agreement.

These plans let mothers and fathers work out an arrangement that best suits their needs and the child’s wishes without the court’s involvement. Having a Round Rock attorney from our team guide you through the process can be a better way to ensure your legal rights as a mother are protected while you and your ex-spouse negotiate the end of your marriage.

Contact a Round Rock Lawyer for Mother’s Rights Help

Discussing parenting plans and child support is one of the most emotionally fraught parts of a divorce case. Mothers rightly want the best outcome for their children, and want to ensure their own legal rights are protected. A Round Rock mother’s rights lawyer from the team at Kimbrough Family Law could review your parenting plan and help you get the best outcome for you and your child. Call our office today to schedule a consultation and review.