Does Texas Protect Fathers’ Rights?

 Posted on October 07, 2025 in Child Custody

Protecting and enforcing your parental rights can feel like an uphill battle, especially if you are working with an uncooperative co-parent. For some fathers, the stress of the legal proceedings can be overwhelming to deal with. In these kinds of cases, counsel and representation from a Fort Worth family law attorney is an invaluable resource.

At The Law Office of J. Kevin Clark P.C., we have firsthand experience representing parents in stressful divorces and custody disputes. We will inform you of your rights as a father in Texas and advocate for you in court. With over 40 years of legal experience, you can trust our attorneys to handle your concerns with care.

Do I Have Parental Rights Without Paternity?

In matters concerning parental rights, paternity is an incredibly important concept. Without legal paternity, you have no grounds to request decision-making responsibility (custody) or possession (visitation) of your child.

Paternity is established at the time of the child’s birth, assuming that the father is married to the mother. If your paternity is not automatically established at birth, you will have to go through extra steps to make sure that you are legally recognized as the child’s father. 

One possible way to establish paternity is to sign a Voluntary Acknowledgment of Paternity (VAP), a signed document that claims you are the legal father. However, the mother must sign the document as well. If the mother does not cooperate, you may have to turn to contested paternity litigation and submit to DNA testing.

Are Mothers Favored in Texas Divorces?

In the past, mothers were often shown preference in custody disputes. Since then, however, there have been many changes to the law that have leveled the field for fathers.

In Texas, the courts make custody decisions based on the child’s best interests (Texas Family Code Sec. 153.002), referring to the factors established in Holley v. Adams. The courts will take the child’s needs into account as well as the parental abilities of the mother and father, in addition to many other considerations. 

Even though the law has changed to give mothers and fathers equal rights, unconscious biases can still work against fathers. As such, it is important that you seek representation from a child custody lawyer with specific experience representing fathers.

What if My Child’s Mother Violates the Custody Order?

If your child’s mother repeatedly undermines your parental rights, you can take legal action to enforce the custody order. Custody violations often take the form of visitation violations, where the other parent refuses to drop off the child at scheduled times. 

Before you go to court, you should document all of the alleged violations in detail, noting the specific dates and times you were denied visitation. This will strengthen your case, as it gives you concrete examples to point to when the judge hears your argument.

Meet With a Fort Worth, TX Child Custody Lawyer

Our firm stands as a devoted advocate for fathers going through intense custody disputes. To schedule a free consultation with our Fort Worth, TX family law attorney today, call The Law Office of J. Kevin Clark P.C. at 817-348-6723.