New Braunfels Parental Rights Lawyer

Dedicated Parental Rights Attorney Protecting Parents in Family Law Disputes in New Braunfels, TX

Parents have the right to make decisions about how their children will be raised. In family law cases, the rights of parents can be an important issue. During a divorce or child custody case, a parent may need to address concerns about whether they will be able to raise their child without interference. In cases where a parent is concerned about losing time with their child or needs to respond to a request for visitation by a grandparent or another family member, an experienced attorney can help them protect their rights.

At Hill Family Law, PLLC, Attorney Matthew J. Hill works with mothers and fathers to protect their relationships with their children. He has handled a wide range of child custody matters and other family law cases, and he can provide the representation needed during negotiations and family court hearings to protect clients' rights. He will provide caring, compassionate legal counsel that will help parents focus on finding solutions that will protect their children's best interests.

Why Parents Come First in Texas Family Law

Texas courts generally presume that a parent is fit and that they are able to act in the best interests of their child. A parent should be appointed as a managing conservator for their child unless a court determines that doing so would put the child's physical health or emotional development at risk. This is known as the parental presumption.

If there are claims that a parent is unfit, the other party will have the burden of proving that a parent presents a risk to a child. A grandparent cannot win custody of a child simply by showing they have more money or a larger house. They must present evidence that a parent presents a risk of real harm to the child.

The Presumption Favoring Joint Managing Conservatorship

Texas law also presumes that naming both parents as joint managing conservators is in a child's best interests. With joint conservatorship, both parents will have rights and responsibilities toward their child, even if the child lives with one parent most of the time. Courts will also usually take steps to ensure that a child will have frequent contact with both parents.

Rights That Apply to Parents

A parent will usually be able to maintain a variety of rights regarding their child, including:

• Access to Records: A parent who is a joint conservator will be able to have access to their child's medical, dental, and school records.
• Major Decisions: Parents may share the right to consent to medical treatment or choose a school for a child. In some cases, one parent may be given the primary decision-making authority in some matters, but they may be required to consult with the other parent before making major decisions.
• Possession and Access: Most parents will be able to have scheduled time with their child.

Who Decides Where a Child Lives?

When parents are joint managing conservators, one parent will typically be given the exclusive right to determine the child's primary residence. However, a child custody order may limit a parent to living within a specific geographic area to ensure that the other parent will be able to maintain contact with the child and have regular possession and access.

Protecting Parental Rights in Cases Involving Other Family Members

There are some situations where extended family members may request visitation with a child, or they may attempt to gain custody of a child over a parent's objections. However, Texas courts have placed limits on custody and visitation requests by nonparents. Parents can take steps to address concerns related to:

Claims by Grandparents

A grandparent who is seeking visitation with a child must meet strict requirements. Generally, the grandparent's own child must be deceased, incarcerated, or found incompetent, or the parent must not have regular possession and access. A grandparent must prove that denying them access to the child would cause harm to the child's physical health or emotional well-being.

Claims by Stepparents and Other Caregivers

A person who has had possession of a child and provided ongoing care for at least six months may have standing to file a child custody case. In situations where stepparents or other family members attempt to gain custody of a child, parents can take certain steps to protect their rights. It is often a good idea to put any temporary caregiving arrangements in writing and avoid leaving a child with a relative for long periods of time. Our attorney can provide representation in these cases to help ensure that a parent will be able to maintain custody of their child.

Mothers and Fathers Are Treated Equally in Texas

Texas courts will not consider a parent's sex or marital status when making decisions about conservatorship. A father and mother have the same rights to be named a conservator and have regular possession and access. Either parent may request joint managing conservatorship or sole managing conservatorship or be given the exclusive right to determine a child's primary residence. If parents are unmarried, a father may need to establish legal paternity through an Acknowledgment of Paternity or through a court order before taking steps to assert his parental rights.

Contact Our New Braunfels Parental Rights Lawyer

Children can benefit from having parents who are committed to being present in their lives and protecting their well-being. Parents deserve to be able to fill that role in their children's lives, but they may encounter disputes as they address issues related to child custody, including in cases where other family members request custody or visitation. At Hill Family Law, PLLC, our attorney can help clients protect their rights as parents and resolve disputes related to children. Contact our New Braunfels, Texas parental rights attorney at 830-229-2129 to arrange a free consultation.