In Texas, like elsewhere in the country, establishing paternity of a newborn baby is generally a routine task that is officially recognized in the hospital where the baby was born. As noted in the first blog on the topic of paternity, sometimes, an apparent father is not actually a child's biological father and has no genetic link to the child. This can be emotionally traumatic for the man who has spent time raising the child as his own. He also may have suffered financially because he spent time and money in the mistaken belief the child was his.
Like father's rights advocates elsewhere in the country, those in Texas have long supported the rights of fathers to establish and maintain relationships with their minor children, including gaining custody in cases of divorce. In most cases, a child born to a married heterosexual couple or a couple that has been together for years is assumed to be the man's child. Usually, this assumed father signs papers acknowledging paternity when the child is born.
Traditionally, in Texas, it was the mother's job to raise the child, while the father went out to work and earned money to support his family. However, with the changing dynamics of gender roles, more and more fathers have become hands-on parents and take pleasure in raising their children.
Texas judges always award child custody with the best interest of the child in mind. While, in most cases, it is determined that the best interest of the child lies in living with one of the biological parents, there are some cases where living with the biological parents can hinder the minor child's emotional and physical well-being. The courts often grant custody of minor children to close family members, such as grandparents, in that type of situation.
One of the biggest challenges for fathers' rights advocates in Texas is when a child is born out of wedlock. In a lot of cases, especially when the biological mother feels that she does not have the financial or social resources to support the child, or even in cases where the biological parents of the newborn are minors, the biological mother might think of giving up the child for adoption to another family that she thinks is better suited to raise the child.
Divorces often have the potential to be bitter and controversial. In several cases, Texas residents who wish to divorce get into the legal proceeding while their emotions are still raw and they are on the brink of dissolving their marriage. In many cases, either or both spouses make allegations against each other. Such malicious allegations can also include accusations of domestic abuse and infidelity. Thus, often, the estranged spouses will get their own lawyer in order to represent their case in court so that they can come to a mutually beneficial divorce settlement.
Some of the biggest problems faced by Texas divorcing couples are the financial aspects of a divorce. Naturally, most couples who have been married for a long time may have accumulated a substantial amount of wealth and property, which now must be equitably divided under Texas laws. All property that the couple has accumulated during the course of their marriage is considered joint martial wealth and therefore, it is liable to be divided. In a lot of cases, the couple might have already signed a prenuptial agreement, even before they got married, which can, to a large extent, solve any problems relating to financial issues.
Many Dallas residents who are actively serving in the military have to be away on deployment if duty calls. This can keep them away from their children and in the case of a divorce or separation, the military usually does not interfere with the jurisdiction of the civil courts.
A grandparent can file a lawsuit in Texas asking for custody if that grandparent is able to prove that such custody is in the best interest of the child. In this post, we will see if a grandparent without custody has possession or access rights to his or her grandchild.
In Texas, as in many other states throughout the U.S., a grandparent's visitation rights are limited. This means a grandparent does not have a constitutional right to see his or her grandchildren. There are a few ways, however, that a grandparent can receive custody of a grandchild. Parents may sign a power of attorney granting the grandparents custody. A grandparent may also file a lawsuit requesting legal custody of the child.