Child custody and fathers’ rights go together hand in hand. Here is something you need to remember: Both parents have the opportunity to seek custody and visitation with their child. The final result, as handed down by the court, could be either sole custody or shared custody.

What about the protection of parenting time? It is important for the court to set forth a parenting time agreement, as this works in favor of both the father and mother. It makes it clear as to what each parent should and should not be doing.

Unfortunately, there are times when a father’s rights are ignored, such as when the mother ignores a parenting plan. When this happens, another date in court is likely.

As somebody going through divorce, you know that there are going to be challenges. You also know that you don’t want your failed relationship to have an impact on the way you raise your child. Sure, things will change, but both parents should have the opportunity to spend time with the child, both now and in the future.

There are many points to consider with regard to fathers’ rights. If you are a father, make sure you know your rights and how to protect them.

Source: FindLaw, “Fathers' Rights,” accessed April 28, 2016

Unless an agreement is in place, a relocation dispute may come to the forefront if the non-custodial parent objects to the other parent and child moving away. For this reason, courts are often staffed with the responsibility of deciding if the move is in the best interest of the child.

Laws vary from one state to the next when it comes to child custody relocation. Fortunately, state laws typically include details on the requirements of relocating with a child, including if this is possible and the rules associated with doing so.

For example, some states have child custody relocation laws based on distance. For instance, if the new location is within 200 miles or in the same state, the court may take this into consideration.

Regardless of where you live, there will come a time when the relocating parent is required to propose a new visitation schedule. This will include the place and times during which the non-custodial parent will visit with the child. This could include things such as extended time together during summer break or major holidays.

If you are concerned about your ex-wife moving away with your child, it is best to immediately learn more about relocation laws. This will help you decide which action to take, ensuring that you don’t miss out on time with your child in the years to come.

Source: FindLaw, “Child Custody Relocation Laws,” accessed Jan. 13, 2016

There are many issues surrounding the U.S. system for terminating parental rights of biological fathers, including the following:

— The father is not aware of the pregnancy and birth, making it impossible to acknowledge paternity.

— The mother could travel to or live in a state in which standards are less strict.

— Under the current system, it seems that mothers are always given more legal rights than fathers.

— The current legal standards were put into place prior to advances regarding DNA testing.

— Society as a whole has questions regarding male parenting skills and whether or not fathers are equipped to properly care for a child.

These flaws are extremely important, especially among fathers who are fighting for parental rights. Unfortunately, one or more of these circumstances often work against a father, thus making it difficult for him to get a fair shake from the legal system.

Knowing the flaws regarding the termination of parental rights of biological fathers is one thing. Actually dealing with these flaws, however, is another thing entirely. It is never easy for a father to fight for his rights, as the odds are stacked against him.

The good thing is this: There are steps biological fathers can take to improve their chances of maintaining parental rights and being a part of their child’s life.

Source: The Huffington Post, “Are Biological Fathers Receiving Appropriate Due Process When Their Parental Rights Are Terminated?,” Brad Reid, accessed Nov. 03, 2015

Legally establishing paternity is a possibility, but only if you take the right steps. This can be done either through DNA testing or an agreement. Either way, once this is complete, the court is then in position to make important decisions related to child support, visitation and child custody.

The simplest way to establish paternity is for both parties to reach a formal agreement. When this happens, there is no reason for a blood test. If there is no chance of a mutual agreement, it is best for a DNA test to be ordered by the court. This may be more complicated and costly, but it is necessary in some cases.

Both the probable father and mother have the right to file a suit to determine paternity. This type of suit can be brought anytime from when the child is born up until two years after reaching the age of 18.

There are a lot of questions associated with legally establishing paternity. If you have any questions or concerns or if you require advice or guidance, our website can help you learn more. Those who are ready to gather more information right now should visit our “Paternity” webpage. The basics will help you better understand your situation and what the future holds.

The best way to legally establish paternity is for both parties to agree. In this case, no blood test is necessary. Instead, both parties agree that the father is the father.

What happens if the mother of the child is not 100 percent sure of who is the father? In this case, a DNA test could be ordered by the court.

In the state of Texas, there are many laws related to paternity. For example, when a child is born into a marriage, it is the husband who is presumed to be the actual and legal father. Even so, another man has the right to bring forth a paternity lawsuit if he feels he is the biological father.

It is also the right of the husband to contest the paternity.

When it comes to establishing paternity in the state of Texas, the law is pretty clear as to how this is done. The same holds true if a person believes he is not the father of a child.

If you want to learn more about establishing paternity, including the process of doing so, you can read the many pages of our website dedicated to this topic. Our “Paternity” webpage is a good place to start as it is full of all the basic information you require. With the right details in mind, you will better understand the ins and outs of establishing paternity.

As you can imagine, a scenario like this is all too common across the nation, even here in Texas. But just because it’s common, doesn’t make it any less complex or stressful for the parties involved. From custody and visitation rights to receiving assistance from the state, there is a lot riding on establishing accurate paternity and a lot at stake if mistakes are made.

Few people would want to be denied access to their children. Even more still are opposed to being forced to pay support for a child that isn’t theirs. The courts agree, which is why we have laws in place to establish paternity and therefore a legal link between the child and his or her parents.

Whether it’s a woman claiming a man is the father of her child, or man claiming that a married woman’s child is really his, few paternity cases are the same, which is why it takes the experience of a skilled lawyer to help families apply the law to their specific case.

Don’t trust your own interpretation of the law because you might not have the legal background necessary to decipher it correctly. Leaving it to a practiced lawyer is a good idea, especially if you want the outcome to be the right one.

The first and easiest way to establish paternity is Texas is with an agreement by both parents. Unfortunately, though, many of the cases we handle don’t involve agreement. One of the parents — either the mother or the father — typically has to ask for paternity to be ordered by the court.

After a paternity case is filed with the court, a DNA test can be ordered to determine whether a father is biologically related to the child. If it is determined that a man is the biological father of the child, the father can begin seeking custody rights, and the father’s obligation to financially support the child also begins.

In addition to the mother or probable father filing a paternity suit, the child or a government agency can also ask paternity to be established. The suit can be filed before the child is born or up until two years after the child turns 18.

Paternity cases are often emotional and result in a major impact on all of the lives involved, which is why it is important to have an experienced family law lawyer assist in the process. Our firm takes an efficient and cost-effective approach to these cases so that the truth can come out in and everyone can move forward with their lives.

Challenging the marital presumption of paternity

Under Texas law, a man who is married to a woman when a child is conceived or born is presumed to be the father of the child. However, this presumption can be challenged in a paternity suit filed by the mother, the presumed father or the man who believes he is the father.

Recently, an Oklahoma Supreme Court ruled that a Facebook message was not a sufficient means of communication to inform a man of a pregnancy, where he is the father. A Washington Post article shared the opinions that came from this ruling.

In this case, the woman informed the father of her pregnancy via a Facebook message. At hand though was whether this message was sufficient notice to terminate the man’s parental rights and put the child up for adoption. The father claims he never saw the message.

In the ruling, it was pointed out that the mother had gone to the father’s place of work before sending the Facebook message. When she went to his job though, it is quite possible she did not even know she was pregnant yet. However, the fact that she did go to his job demonstrated she knew where to find him to talk to him about the pregnancy, instead of sending the Facebook message. 

At this point, the Supreme Court has overturned the decisions of two lower courts to terminate the father’s parental rights. The case will now go back to the district court. 

While this case took place in another state, there is a lot for Texas fathers to learn from this case. Aside from what may or may not be considered sufficient notice of a pregnancy, the underlying message is that fathers have rights, including the right to object to an adoption. Rather, the father can push to raise the child himself. 

Of course, issues involving father’s rights and establishing those parental rights can become contentious rather quickly. Each case can also be quite different. An lawyer with experience handling fathers’ rights cases can provide guidance around next steps.

Source: The Oklahoman, “Facebook message not enough when terminating father’s parental rights in Oklahoma,” Randy Ellis, Oct. 19, 2014