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Father's rights and child custody

Many fathers in Texas wonder how much they will see their children if they file for divorce. In many states, judges prefer to award joint custody to parents. It is important for fathers to know that they can get full custody of their children if it is in their children's best interest.

Courts will consider several factors prior to ordering a father to have primary physical and legal custody. First, a court will consider paternity, which is whether or not the father has legally proven himself to be the biological father. The biological mother may be able to waive any requirements for a DNA test by signing an acknowledgment of paternity.

Courts will next consider the father's relationship with the child. Any father who is requesting full custody should expect to be able to answer how he spends his time with his children, how he disciplines them and what his future plans are for their schooling and upbringing. If the mother of the children is contesting the father's request for full custody, the court will consider her relationship with the children also.

An attorney experienced in child custody litigation may be able to help fathers who are facing a divorce or custody case. For fathers who are not married to the mother of their child, an attorney may be able to file a paternity case on the father's behalf to request an adjudication of paternity and child custody.

Courts consider the best interests of the child to be the primary concern when making decisions regarding custody. A father who wants to ask a court for custody should spend as much time with his children as possible and speak with a lawyer about all the facts of his case. A lawyer may be able to provide assistance to a father who is seeking a fair parenting arrangement with the mother of his children.

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