It is, sadly, not uncommon for a man to deny being the father of a child who is in fact, theirs. This can leave mothers without a secondary source of support or care for their babies. Being a single mother can be hard enough when the father does take responsibility. When the father denies paternity and refuses to pay child support or spend time caring for the child, the mother can be left in a very difficult position. Fortunately, in Texas, there is a way for a mother to bring a paternity suit and ultimately force a DNA test if needed. Paternity suits are relatively uncomplicated as far as family law cases go, but the process should still be managed by a qualified Texas paternity lawyer. 

How Can a Mother Prove Who Her Child’s Father Is?

Children without a legal father are often at great disadvantage, as they can only receive financial support and guidance from one parent instead of two. This is why Texas law enables mothers to start paternity proceedings over the objections of the alleged father. 

A mother who believes she knows the identity of her child’s father but has not legally established his paternity may file a petition asking the court to declare the alleged father an official legal parent. The alleged father must be served with a copy of the petition and a summons to appear in court for a hearing. 

While many issues can cause conflict and fighting in a divorce, one of the most emotional issues is child custody. No parent wants to be separated from their child, but in most divorces, neither parent will have their child with them 100 percent of the time. In the best of circumstances, the couple will be able to negotiate a custody and parenting time agreement, however, most Texas divorce attorneys can attest that it is often the court that ends up making that decision.

How Does the Court Decide Custody?

In every child custody case, the goal of the court is to decide custody based on the best interest of the child standard. There are a number of factors that the court will examine when making this determination, including:

• The child’s age

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Up until the past 20 years or so, it was generally assumed that in a child custody case, the mother would likely get primary physical custody of the child and the father would have visitation. However, as societal norms have changed, so too has the attitude about fathers’ rights to custody, and the legal system is recognizing the importance of involving fathers in their children's lives post-divorce. The following are some of the reasons why these changes have taken place. If you would like to learn more about the father’s rights and child custody regarding your situation, contact The Ramage Law Group for more information.

Gender Equality

One of the key arguments supporting a father's right to custody is the principle of gender equality. It is widely acknowledged that both parents play crucial roles in a child's development and well-being. Granting equal custody rights to fathers ensures that they have the opportunity to build strong relationships with their children and be actively involved in their upbringing. This benefits not only the father but also the child, as it provides them with a sense of stability, emotional support, and access to a diverse range of parental perspectives.

Best Interest of the Child

Another crucial aspect of supporting a father's right to custody is the best interests of the child. Every state, including Texas, bases child custody decisions on the best interest of the child doctrine. The court will consider the child’s age, the relationship the child has with each parent, and the ability of each parent to provide a nurturing and stable environment for the child. This doctrine applies to both parents.

When a couple decides to end their marriage, there are many issues that need to be decided. One of the most important issues is what type of child custody arrangement will be worked out. This can also turn into one of the most contentious issues that linger long after the ink has dried on the divorce decree.

Depending on the age of the children, it is not uncommon for there to be modifications to the original order, especially if there has been any significant change in the circumstances of either parent or the child. If you are considering a custody modification, it is essential to understand the legal requirements and the factors that the court will consider when making a decision.

Reasons for Modification

Texas has very specific rules regarding when a parent can file for custody modification. Otherwise, given the acrimonious relationship many co-parents have, the Texas family court system would likely be overrun with modification petitions for issues that parents should be able to work out without the court’s intervention.

One of the topics divorcing couples most frequently disagree about is that of child custody. The stakes can feel very high and, because people often get divorced due to  differences in parenting strategies, coming to an agreement about how to manage the children’s schedules can be very difficult. 

This is especially true when a divorce involves a parent who wants to relocate with a child. However, this complex situation can also occur after divorce as well, often leaving both parents wondering what their options are. If this situation sounds familiar to you, read on for an overview of how relocation with a minor child may be permissible for a parent sharing custody, and then contact a Texas child custody lawyer for help with your case. 

Shared Custody and Child Relocation

If parents are getting divorced and one parent wants to move away with a child, that needs to be part of the divorce agreement, which will be approved by a judge. Sometimes, a judge will not approve the separation of a child from his or her other parent, and the parent who wishes to move away will either have to do so without the child or adjust plans.