Helotes Father’s Rights Attorney

Unfortunately, many fathers in Texas are unaware of their rights when it comes to paternity, as well as child custody and visitation. As such, many don’t pursue them with the court. This is unfortunate because children need and have a right to have a relationship with their fathers just as much as they do with their mothers.

If you are a father wanting to know more about your legal rights to your children, contact our skilled Helotes father’s rights lawyer at Fiegel Law right away. We will get to work ensuring the best outcome on your behalf.

Why Choose Fiegel Law?

Father's rights lawyer Beauregard FiegelFather’s rights attorney Beauregard Fiegel is well known for his fierce advocacy for dads. While he also practices probate, civil, and criminal law, he is passionate about family law, particularly fathers.

Beauregard Fiegel knows fathers do not always get a fair chance at exercising their rights and obligations. His goal is to stand up for the rights of fathers from all walks of life so that they can be involved in their children’s lives whenever possible.

At Fiegel Law, we know that family issues are complicated and messy. Child custody, child support, and paternity matters involve not only the law but also many emotions, family bonds, and nearly every aspect of your life.

We help fathers understand their rights under Texas family law, determine their goals, and pursue both under the court’s supervision.

Our office is conveniently located near the northwest corner of the intersection of Bandera Road and West Loop 1604 North, east of the Sandra Day O’Connor High School and across the street from the Methodist ER Helotes at:

12274 Bandera Road
STE 104
Helotes, Texas 78023

Protecting Your Parental Rights in a Divorce

In Texas, parental rights are the rights parents have to take specific actions on behalf of their children or to make specific religious, health, and educational decisions for them.

Typically, there isn’t much you can do before marriage to preserve your future rights as a father.

The easiest and most efficient way to protect your rights as a father if you are facing a divorce is to hire a well-versed Helotes father’s rights lawyer. Your attorney will know and understand Texas laws regarding divorce and child custody and work towards an amicable solution.

Other steps you can take to help protect your rights as a father include:

  • Leave your children within the court’s jurisdiction; do not move them, or you can lose custody of them.
  • Make your children available to the other spouse, as parental alienation can cause the courts to take away your rights.
  • If possible, remain in the family home while the divorce is pending.
  • Obey all court orders, and if there are problems or issues, talk to your Helotes father’s rights attorney.
  • Do not take a contentious approach with your spouse or the court, as this gives the impression that this is how your future parenting relationship will be with the other parent.

Understanding Parental Rights for Unmarried Couples

Helotes Father's RightsIn Texas, the parent-child relationship is presumed for a child born to a married couple. However, for unmarried couples, establishing parental rights requires legal action.

Texas law recognizes the biological mother as the child’s natural guardian, granting her sole custody unless otherwise determined by the court. Consequently, the biological father doesn’t have automatic parental rights, even if he is on the birth certificate.

Establishing Paternity in Texas

Unmarried fathers must first establish legal paternity before exercising their parental rights. They can do this by signing an Acknowledgement of Paternity (AOP) form at the time of the child’s birth or through a court-ordered DNA test to show their biological parentage.

Once paternity is proven, the biological father can pursue custody and visitation rights.

Does Being a Stay-at-Home Dad Improve Your Chances of Obtaining Custody in Texas?

Perhaps you’ve been a stay-at-home father, and now you and your spouse have decided to get a divorce. You likely have many concerns, such as how you will pay your bills and who will get custody of your children.

While an attorney cannot guarantee a specific outcome in your divorce proceedings, they can assess the situation and provide anticipatory guidance. They can also negotiate the terms of your divorce and child custody with your soon-to-be ex-spouse.

    Considerations of the Court in Custody Cases

    Helotes Child CustodyThere are many factors that a court will consider when determining who has custody of the children.

    Still, the bottom line is what is in the best interest of the children. This applies regardless of whether the custody arrangement results from the parents’ agreement or a court decision.

    You should discuss the specifics of your situation with your Helotes father’s rights lawyer.

    Factors the court may consider include:

    • Which parent is the child bonded with?
    • How frequently does each parent bathe the child, prepare their meals, put them to bed, and read to them?
    • Who is in each parent’s family unit?
    • How much time does each parent spend with the child each day?
    • If a child has special needs, how does each parent take care of those needs?
    • Who has flexibility in their work hours?
    • Who makes medical appointments for the child?

    Courts prefer to keep the status quo for the children whenever possible, as that is usually in their best interests. A father who has proven his role in the child’s life can have a better chance of obtaining custody.

    All things considered, the court will generally grant custody to a stay-at-home dad who has been at home with the kids instead of placing them in the care of a childcare provider while the mother works.

    Joint Custody Preferred When Possible

    If the child should be with their father instead of in childcare while the mother is at work, physical custody or a more substantial portion of parenting time will most likely be granted to the stay-at-home dad.

    Courts prefer to award joint custody unless sole custody is a better option if one parent is not willing, able, or best qualified to serve as the custodial parent.

    Remember that one parent might have physical custody or more parenting time while the other parent might have decision-making or legal custody of the child. Discuss these different scenarios with your lawyer to help manage your custody expectations and aid in negotiations with your spouse.

    Protect Your Rights as a Father With Representation From Fiegel Law Today

    Fostering a strong bond with both parents is typically in the best interest of children affected by divorce or separation. Texas strongly advocates for this approach whenever feasible. This is precisely why we are dedicated to supporting fathers in Texas, ensuring they navigate favorable child custody and support arrangements that prioritize the well-being of their children.

    If you’re a father seeking assistance obtaining custody and visitation rights, don’t hesitate to contact us. We are here to guide you through all your divorce and child custody matters. Contact Fiegel Law today at (210) 699-7291 or online for your confidential case consultation with our experienced Helotes family law lawyer.

    Beau is great to work with and I highly recommend him for any legal needs that you may have!

    - Graylin D'Angelo

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