Austin Fathers Rights Attorney
Austin Fathers Rights Attorney Overview
- What Are a Father's Rights in Austin Family Courts?
- Establishing Paternity to Secure Your Legal Rights
- Find the Help You Need Near You
- Fighting for Fair Possession and Access Schedules
- Legal Solutions for Life's Challenges
- Frequently Asked Questions
- Calculating Child Support and Financial Obligations
- Meet Our Attorneys
- Why Choose Davis & Associates for Your Divorce Filing
- Expert Strategies, Industry Trends, & Firm News
Your kid needs a dad.
It’s as simple as that. Even though you might not be getting along with your wife anymore and divorce is on the horizon, your kid still needs to know you’re going to be there for them.
Always.
Sometimes it helps to have your desire to be a major part of your child’s life backed up by a court order. Yes, that will mean lawyering up, but that’s a good thing. Having an experienced Austin father’s rights attorney in your corner will ensure your voice is heard when it comes to determining your involvement in your kid’s life.
Although traditionally, family courts have deferred to mothers on issues of custody and support, that doesn’t mean fathers don’t have a say.
The supportive attorneys at Davis & Associates understand how important it is for dads to have a clearly defined role in their child’s future. We are extremely familiar with all the applicable Texas divorce laws. We also have strong mediation skills that help us strike a compromise between divorcing parents that always puts their children’s best interests first.
Just because you’re the dad doesn’t mean you lose your rights. We’ll fight for those rights on your behalf.
What Are a Father's Rights in Austin Family Courts?
Austin family courts refer to custody as conservatorship. According to Texas divorce law, both parents will generally be treated as equals when determining the boundaries of the conservatorship.
The baseline would be for both parents to be named as Joint Managing Conservators (JMC).
That means you and your ex will share in all the rights and duties associated with raising your child even if that child lives primarily with one parent.
What does a JMC agreement look like?
Shared choices: Just as they did when they were still married, parents work together on big choices like what school the kids should go to, what religion they are raised in, what medical care they might need, and whether there is a need for counseling.
Independent actions: Under a JMC, either parent can handle routine care or emergency medical treatment while the child is with them. In other words, you don’t have to decide together what you’re serving for dinner or what activities you want to engage in with your kid. If there is a medical emergency, you don’t have to “ask permission” to take your child to the ER.
Exclusive rights: Where the JMC might split is which parent the child will live with and who collects child support. In those instances, the court will make the decisions.
Even though these rights are established in the law, you need to step up and ask if they are part of your divorce agreement. Your family law attorney will help make that happen.
Establishing Paternity to Secure Your Legal Rights
Before you can activate your rights as a father, you must be recognized as the legal parent.
A husband is automatically recognized as the legal father if they are married to the mother at birth or they get married within 300 days of birth. Having a family doesn’t always involve a marriage license. Unmarried parents can sign an Acknowledgment of Paternity (AOP).
This is a voluntary legal form completed at the hospital or a certified agency, then filed with the Texas Vital Statistics Unit. There might also be a situation where paternity is in dispute. In those situations, if parents disagree, you can file a request for a judge-ordered DNA test. That will show at least 99% accuracy to establish parentage.
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Fighting for Fair Possession and Access Schedules
When you file for divorce, you have to accept the reality that you’re breaking up the family unit. As hard as that might be, it can ultimately be a benefit when your children can grow up in a safe environment without the constant strife of bickering parents. In a way, you’ll be creating two safe environments for your children.
At least, that is the goal.
As you dive into the details of what fair possession and access might look like for you and your kids, you’ll need to start with the core Texas framework. Here’s what that looks like:
Standard Possession Order (SPO)
A non-primary parent is essentially defined as the parent who moves out of the home. The SPO grants the non-primary parent the 1st, 3rd, and 5th weekends of a month, Thursday evenings, alternating holidays, and about 30 days in the summer.
Expanded SPO
If parents live within 50 miles of each other, the weekend possession will begin and end at school dismissal and resumption. That can increase the shared time significantly, which is a good thing for the dad.
50/50 Schedules
A 50/50 schedule is not automatic. The family court will evaluate factors such as low co-parenting conflict, geographic proximity, and the child’s routine. If approved, it could mean a schedule such as one week on and one week off.
To make a determination, a family court judge will take into account the emotional stability, home environment, work schedules, and your child’s developmental needs. In order to support the court order, you’ll need to maintain a detailed visitation journal, school calendars, and precise logs of drop-offs and pick-ups to show your active involvement.
These can all be coordinated through online apps such as Our Family Wizard.
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Find the Help You Need Near You
No, the Texas Family Code explicitly states that courts cannot consider the gender of the parents when making custody decisions. Judges must base their rulings solely on the best interests of the child, meaning fathers have an equal right to seek primary custody.
An unmarried father must first establish legal paternity, either through an Acknowledgment of Paternity (AOP) or a court order. Once paternity is established, the father can petition the court for a Suit Affecting the Parent-Child Relationship (SAPCR) to secure visitation and custody rights.
No, in Texas, child support and visitation are treated as separate legal issues. Even if a mother is blocking access to your child, you must continue making payments to avoid legal penalties; instead, you should work with an attorney to file a motion to enforce your visitation rights.
Calculating Child Support and Financial Obligations
There is an assumption by many that in a divorce the father is automatically going to pay child support. That might be true in a home where only the father is working.
However, in a marriage with two working parents, the courts will defer to “the big picture.”
In Texas, child support is calculated by taking the paying parent’s net monthly resources and multiplying them by a standard guideline percentage based on the number of children.
The cap on net monthly resources is $11,700, and standard percentages range from 20% for one child to 40% for five children. To calculate net resources, you have to add up the gross income, which includes all wages, self-employment earnings, tips, bonuses, Social Security, and rental income. You can deduct your Social Security taxes, federal income taxes, union dues, and any health or dental insurance premiums for your children.
You can expect the support order by the court will be in the following ranges:
- 1 Child: 20% of net resources
- 2 Children: 25% of net resources
- 3 Children: 30% of net resources
- 4 Children: 35% of net resources
- 5 Children: 40% of net resources
- 6+ Children: Not less than 40%
There might also be additional financial obligations such as tutoring, extracurricular activities, or added medical or dental care outside of insurance, like braces. If the needs exceed the monthly $11,700 cap, additional support is only granted if the child has proven extra needs.
To test what you might expect to pay, you can use the state’s Monthly Child Support Calculator.
Working with an attorney will help ensure that the amount you’re paying for support will be equitable. For instance, you shouldn’t pay your ex for things like food when the kids are in your custody.
Why Choose Davis & Associates for Your Divorce Filing
There will be a lot of paperwork to file with your divorce. Your filing needs to protect your future, your finances, and your relationship with your children.
At Davis & Associates, we understand that every family’s situation is unique. Our team of dedicated attorneys has more than 20 years of family law experience, with offices serving clients throughout Texas and across the country. We provide extensive legal guidance that will be customized to the goals you want to achieve in your post-divorce life.
Our representation doesn’t end when your divorce decree is signed.
Life changes, and court orders often need to change with it. If your work schedule shifts, you want to relocate, or you have a significant change in your finances, we can help pursue a modification to existing court orders. That includes when your child’s needs change.
There might come a time when it is in the best interests of your child to extend their time living with you. Our attorneys will become your advocate on a mission to achieve an outcome that reflects your changing needs. We can also help enforce existing court orders when the other party fails to comply.
Whether you are preparing to file for divorce or need to modify an existing custody order, Davis & Associates is standing by to help make it happen. Our goal is to help you achieve a resolution that allows you to move forward with stability and peace of mind.
Contact our experienced family law team today to discuss your situation.
Let’s work together to make sure you can maintain a strong relationship with your kids.
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