When you’re facing a custody dispute or seeking to establish your parental rights, you need a father’s rights lawyer who understands both Texas family law and the unique challenges fathers encounter in family court. Smith & Bledsoe Family Law represents fathers throughout Austin and Travis County, providing aggressive advocacy to protect your relationship with your children.
Understanding Your Rights as a Father in Texas
Texas law recognizes that fathers have equal rights to establish and maintain meaningful relationships with their children. Under the Texas Family Code, courts must apply gender-neutral standards when determining custody and conservatorship arrangements. This means that fathers receive the same legal protections and opportunities as mothers when seeking custody, visitation, or decision-making authority.
The distinction between managing conservatorship and possessory conservatorship forms the foundation of Texas parental rights law. A managing conservator holds the primary right to make decisions regarding the child’s education, healthcare, and general welfare. A possessory conservator typically exercises visitation or parenting time according to a court-approved schedule. Many custody arrangements involve both parents serving as joint managing conservators, with one parent designated as the primary conservator for residence purposes.
Texas courts apply the “best interest of the child” standard when determining custody arrangements. This standard requires courts to consider factors such as the child’s needs, the stability of each parent’s home environment, the quality of the parent-child relationship, and each parent’s ability to provide for the child’s physical and emotional needs. Importantly, courts cannot favor one parent based on gender alone. For more information on how courts evaluate these factors, see Texas Family Code § 153.003.
Why Fathers Need Specialized Legal Representation
Fathers navigating custody disputes face unique challenges in family court. While Texas law provides equal protection, outdated assumptions about parental roles persist in some courtrooms. Experienced legal representation ensures that your rights receive proper advocacy and that courts hear evidence of your involvement in your child’s life.
Smith & Bledsoe Family Law brings decades of combined experience to fathers’ rights cases. Our fathers’ rights attorneys understand the nuances of Travis County and Austin family courts, including how individual judges approach custody determinations. We prepare comprehensive evidence packages that demonstrate your commitment to your child’s welfare and your capacity to serve as a managing conservator or primary conservator.
Our approach emphasizes aggressive advocacy combined with strategic negotiation. We recognize that not every case requires trial—many resolve through mediation or settlement negotiations that protect your interests while minimizing disruption to your child. However, we prepare every case as if it will proceed to trial, ensuring you have maximum leverage in settlement discussions.
Our Fathers’ Rights Legal Services
We provide experienced legal representation for fathers in matters such as:
Custody and Conservatorship Disputes
We represent fathers seeking to establish or modify custody arrangements. Whether you’re pursuing joint managing conservatorship, primary conservatorship, or enhanced visitation rights, we develop strategies tailored to your family’s circumstances. We gather evidence of your parenting involvement, stability, and commitment to your child’s well-being.
Custody modifications present different challenges than initial custody determinations. Texas law requires proof of a “substantial change in circumstances” before courts will modify existing orders. We identify and document changes that support modification requests, whether those involve relocation, changes in the other parent’s circumstances, or your increased involvement in your child’s life. Our team has successfully handled numerous custody modification cases in Travis County.
Child Support Matters
Child support calculations follow Texas guidelines based on the obligor’s net monthly income. However, numerous factors can affect the final support obligation, including custody arrangements, other children, and special needs. We ensure accurate income calculations and advocate for appropriate support levels that reflect your financial circumstances. Under Texas Family Code § 154.125, the guidelines establish specific percentages for support obligations.
If your financial situation changes—through job loss, income reduction, or other circumstances—we pursue modifications to reduce your support obligation. Conversely, if the other parent’s income increases significantly, we seek upward modifications to ensure support reflects current circumstances. We also handle child support enforcement when the other parent fails to meet their obligations.
The Fathers’ Rights Process in Austin
Our process begins with a comprehensive consultation where we evaluate your situation, discuss your goals, and explain realistic outcomes. We answer your questions about Texas family law and help you understand what to expect throughout the legal process. Contact Smith & Bledsoe Family Law to schedule your initial consultation.
During the discovery phase, we gather evidence supporting your case. This includes financial records, communications with your child, evidence of your involvement in school and healthcare decisions, and testimony from witnesses who can speak to your parenting abilities. We also obtain the other parent’s financial information and communications relevant to custody issues.
Many cases resolve through negotiation or mediation before trial. We pursue settlement agreements that protect your interests while avoiding the expense and uncertainty of litigation. However, if settlement discussions stall, we prepare aggressively for trial, including witness preparation and presentation of evidence to the court. Our experience in the Travis County District Court gives us strategic advantages in family law proceedings.
Protecting Your Parental Rights in Complex Situations
Custody disputes become more complicated when high-asset divorces involve business interests, significant property division, or complex financial arrangements. We address how asset division affects custody arrangements and ensure that custody determinations don’t become leverage in property disputes. Our Austin divorce attorneys for men have extensive experience with high-asset divorce cases.
Relocation cases present particular challenges for fathers. If the other parent seeks to move with your child, we evaluate whether the move serves the child’s best interest and whether it materially and substantially impairs your parenting time. We present evidence and arguments to prevent relocation or to secure modified custody arrangements that protect your relationship with your child.
Enforcement of parenting time and visitation becomes necessary when the other parent interferes with your scheduled time or violates court orders. We pursue contempt proceedings and seek modifications of custody orders when interference becomes a pattern. These enforcement actions send a clear message that court orders will be respected. Learn more about order modification and enforcement options.
Unmarried fathers face additional hurdles in establishing parental rights. If you have not been married to the child’s mother, you must establish paternity before pursuing custody or visitation rights. We guide you through the paternity establishment process and then pursue custody arrangements that reflect your relationship with your child. Texas law provides multiple legal means of establishing paternity, including acknowledgment and genetic testing.
Why Choose Smith & Bledsoe Family Law for Your Father’s Rights Case
Smith & Bledsoe Family Law maintains deep roots in the Austin legal community. Our attorneys appear regularly in Travis County District Court and understand how local judges approach custody determinations. This local expertise translates into strategic advantages in your case. We are committed to providing fathers’ rights representation that protects your parental rights.
Our team includes attorneys recognized for excellence in family law. Christian Smith serves as Managing Partner and holds recognition as a Texas Super Lawyers Rising Star (2023-2024) and Austin Monthly Top Attorney (2023). Michael Araj earned 2024 SuperLawyers Rising Star recognition. Brandon Bledsoe brings 16+ years of family law experience as a Partner and Trial Attorney. This combination of experience and recognition ensures your case receives attention from skilled advocates.
We maintain a 5.0 Avvo rating based on client feedback and satisfaction. Our clients consistently praise our responsiveness, aggressive advocacy, and commitment to achieving favorable outcomes even in difficult circumstances. We accept challenging cases that other attorneys decline, demonstrating our confidence in our abilities and our commitment to fathers’ rights. Our success stories demonstrate our track record of favorable outcomes.
Our practice includes LGBTQ+ inclusive representation, recognizing that parental rights extend to all family structures. We bring the same aggressive advocacy to same-sex couples, unmarried partners, and non-traditional family arrangements as we do to traditional families. Our LGBTQ+ family law services ensure all families receive equal protection under the law.
Frequently Asked Questions About Fathers’ Rights in Texas
What legal rights do fathers have in Texas?
Texas Family Code § 153.001 establishes that courts must apply gender-neutral standards when determining conservatorship and parenting time. Fathers have equal rights to seek managing conservatorship, joint managing conservatorship, or possessory conservatorship. The law recognizes that children benefit from meaningful relationships with both parents, and courts cannot favor mothers based on gender. For detailed guidance on winning child custody as a father, consult with our experienced attorneys.
How is custody determined in Texas?
Texas courts apply the “best interest of the child” standard, considering factors including the child’s needs, each parent’s ability to provide care, the stability of each parent’s home, the quality of the parent-child relationship, and the child’s preferences (depending on age). Courts also consider each parent’s involvement in the child’s education, healthcare, and extracurricular activities. Understanding how to prepare for a custody evaluation can strengthen your case.
Can I modify an existing custody order?
Yes, but you must demonstrate a “substantial change in circumstances” since the original order. Changes might include relocation, job loss, or significant income changes, the other parent’s inability to care for the child, or your increased involvement in your child’s life. We evaluate whether your circumstances support a modification request. Our guide on custody order modification provides detailed information on this process.
What if the mother is preventing visitation?
Interference with court-ordered visitation violates the custody order. We pursue contempt proceedings against the other parent and seek modifications of custody arrangements. In some cases, courts transfer primary conservatorship to the parent whose visitation rights are being violated. If you’re experiencing interference with your parenting time, contact us immediately for order enforcement assistance.
How is child support calculated for fathers?
Texas applies guideline child support calculations based on the obligor’s net monthly income. The guidelines establish percentages: 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children, not to exceed 50%. However, courts can deviate from guidelines based on factors including custody arrangements, other children, and special needs. Learn more about child support calculation in our detailed guide.
What happens if I'm an unmarried father?
Unmarried fathers must establish paternity before pursuing custody or visitation rights. Paternity can be established through acknowledgment, genetic testing, or a court order. Once paternity is established, you have the same rights as married fathers to seek custody and visitation. Texas law provides clear procedures for paternity establishment that our attorneys can guide you through.
How much does a father's rights case cost?
Legal costs vary based on case complexity, whether the case settles or proceeds to trial, and the amount of discovery required. We discuss fee structures during your initial consultation and provide estimates based on your specific circumstances. Contact Smith & Bledsoe Family Law to discuss your case and receive a cost estimate.
Contact Smith & Bledsoe Family Law for Your Father’s Rights Consultation
If you’re facing a custody dispute, seeking to modify an existing custody order, or need to establish paternity and pursue custody rights, Smith & Bledsoe Family Law provides experienced representation. We serve fathers throughout Austin, Travis County, and Central Texas.
Call (512) 277-3166 or complete our online contact form today to schedule your consultation. Our fathers’ rights lawyers respond promptly to inquiries and provide honest assessments of your situation and realistic expectations for outcomes.
Your parental rights matter. Let our experienced attorneys advocate for your relationship with your child.