Austin Father’s Rights Lawyer | Visitation and Custody

The well-being of your child is no doubt incredibly important to you when you are a parent. When you and your spouse, or someone who is also a parent of your child, end a relationship, you may want to assert your parental rights.

An Austin father’s rights lawyer can help you understand your rights as a father and sue for custody when necessary. An experienced family attorney could walk you through state family laws, including what you must do to ensure your relationship with your child.

Custody Suits

The goal of family law is to provide for the best interest of the child. As laid out by Texas Family Code § 153.002, the “primary consideration” of a court deciding issues of custody is the “best interest of the child.”

Biological and adoptive fathers generally have standing to file an original suit under Family Code § 102.003. A suit can ask for custody, also known as conservatorship, possession, and access, over a child.

In the event of a couple’s separation or divorce, a court must appoint at least one managing conservator but can appoint both parents as joint managing conservators under Family Code § 153.005. A father could also be appointed a possessory conservator under Family Code § 153.006, meaning he can have both possession and access to their child without having the child live with him. The court order will lay out the terms of that relationship unless either parent can show that the arrangement would not be in the child’s best interest.

A parent and conservator will always have certain rights unless limited by court order in the best interest of their child. Family Code § 153.073 lays out these rights, including:

The right to confer with another conservator before making decisions
The right to consult with school officials and engage in school activities
The right to manage the child’s estate when set up by the parent or their family
The right to access the child’s medical and educational records and consult with the child’s doctors
The right to receive information from another conservator about the child’s health, welfare, and education
The right to be listed as an emergency contact of the child and to consent to emergency medical treatment

Any order restricting these rights must also list the rights the father retains. An Austin attorney familiar with father’s rights could ensure a father maintains these rights while also seeking custody of their child.

Other Considerations in Custody Suits

A court hearing a suit for custody will consider many different factors describing a father’s relationship with their child and their co-parent. For example, a court must consider evidence of domestic violence, physical and sexual abuse, and patterns of family violence when appointing conservators.

Under Family Code § 153.004, a court may not allow a parent access to a child when that parent has a history of violence over the prior two years or has committed certain crimes of abuse. A court may allow some access, like supervised visitation and protected exchanges when it will not endanger the child or is in their best interest.

Other scenarios may take the place of a suit for custody, such as co-parents agreeing to a parenting plan under Family Code § 153.007. Another possibility is a “collaborative family law process” meant to avoid litigation. Under the Collaborative Family Law Act, parties can agree to resolve a dispute or claim outside of court after signing an agreement with the advice of their lawyers.

An Austin lawyer could offer insight and expertise about whether one of these alternatives would better serve a father fighting for his rights.

Discuss Your Father’s Rights With an Austin Attorney

You might wonder whether you will get a fair chance at being in your child’s life as their father after a divorce or separation, but an experienced family attorney could protect your relationship with your child.

Working with an Austin father’s rights lawyer could help you show how your relationship benefits your child and how you can provide for them as a conservator. To learn more about protecting your rights, make an appointment with an attorney at Kimbrough Legal.