There was a time when father’s rights and custody were almost unheard of. The legal system showed favoritism toward mothers unless there was abuse involved or the mother was “unfit.” After practicing for several decades, I’ve seen decisions shift to favor co-parenting arrangements. A combination of family code revisions, cultural changes and more open-minded judges on the bench have contributed to … [Read more...]
Mother’s Rights in Child Custody
Do Mother’s Rights Differ from Father’s in Child Custody Cases? Most people assume mother’s rights hold more weight in child custody cases. This is partly true because the courts did favor mothers in the past. There’s also an assumption that mothers are better parents because of their role as nurturer. The reality is that the law has evolved to allow parents equal rights in custody cases; … [Read more...]
Children’s Rights in a Divorce
Adults dealing with their own issues can overlook how divorce affects the children. Actions meant to protect themselves from (or retaliate against) their former partner could damage the child. That’s why there’s a such thing as children’s rights in a divorce. From my experience at Paula Lock Smyth Law Offices with divorce and child custody cases, following are my insights into children’s … [Read more...]
An unbiased, experienced advocate for fathers’ rights
Fathers in Dallas County should take heart in the fact that Texas statutes do not discriminate on the basis of a parent’s gender with regard to the issues of child custody and visitation. Still, it is an unfortunate fact that some people presume that mothers are more suitable custodial parents than fathers. Although in some individual cases a particular mother may be more suited than a particular … [Read more...]
Rights of a parent with regard to child custody in Texas
Many people in Texas are parents. While the parents are together, co-parenting and raising a child can be a little simpler. However, when parents divorce or split up, the parenting dynamics change drastically. The children obviously cannot be in two places at one time. In many situations, the children will end up splitting time between both parents' abodes. The parents will also still have to make … [Read more...]
Get help asserting father’s rights in Texas
There is a presumption that a child born to a married couple in Texas must be the father’s biological child. However, if a child is born out of wedlock, it may be necessary for the father to prove he is the biological father either through formally and lawfully acknowledging paternity or undergoing a DNA test. This is important because it allows the father to seek visitation or custody of the … [Read more...]
Assisting grandparents exercise their rights
There is no doubt that the relationship between grandparents and grandchildren is unique, but in child custody cases, the rights of grandparents are not always clear. Sometimes, it is necessary to turn to an experienced attorney to guide grandparents through the legal maze. Even though certain cases in Texas have prioritized parental rights over those grandparents may exercise, the window on … [Read more...]
What rights do grandparents have after parents divorce?
When a couple ends their marriage with one another, perhaps their feelings and their children’s wellbeing is their focus at that emotional time, so family members such as grandparents might end up in the dark. Many grandparents in Texas have strong and healthy bonds with their grandchildren, and after a divorce, they are suddenly left with few options with regard to visiting their grandchildren or … [Read more...]
Importance of establishing paternity to enforce fathers’ rights
When a child is born to a married couple in Texas, the couple is legally considered the parents of the child – the husband is legally considered the father of the child unless a court has determined he is not the father. But what happens when the couple is not married, as is the case more and more frequently, or a mother is unsure of who the father is? In these cases, paternity has to … [Read more...]
Commitment to enforcing fathers’ rights
When a couple decides to end their marriage in Texas, they are only intending to end their legal relationship with one another, not with their children. However, this often does not end up happening -- even though there is no discrimination on the basis of gender in custody agreements in Texas, mothers are sometimes deemed more suitable for custody in more conservative societies. This means … [Read more...]