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The courthouse in Taylor County or the courts handling family matters in Abilene can feel like a high-stakes battlefield when your children’s future is on the line. As a father, you deserve more than a passing role in your child’s life. You need a powerful strategy to secure your legal relationship and maintain possession time. Too many fathers assume Texas law favors the mother, but that is a myth. The law requires a fair fight.
We stand with fathers in and around Abilene who need an assertive legal partner. We fight to ensure that the Texas Family Code fully recognizes parental rights. This post outlines the key strategies we use to pursue fair custody outcomes.
Understanding Conservatorship: Texas Law Does Not Use “Custody”
In Texas, the term “Conservatorship” is used in court orders instead of “custody” to define parents’ legal rights and duties regarding significant decisions for their children, such as those related to medical care, education, and psychological well-being. The law generally presumes that a Joint Managing Conservatorship (JMC) is in the child’s best interest, which means that parents will share these rights and duties. However, this shared decision-making framework is distinct from the primary possession schedule, which dictates where the child lives. Fathers frequently aim to be designated as the parent who establishes the child’s primary residence or to secure an expanded visitation schedule for more time with their children.
The Best Interest Standard: The Heart of the Battle
Every decision a Texas judge makes in a Suit Affecting the Parent-Child Relationship (SAPCR) rests on one foundational concept: the child’s best interest (Texas Family Code § 153.002). This standard is not vague; it is determined by a list of the Holley factors, which Texas courts use to evaluate parental fitness and stability.
We use these factors to build your case. We work to show the court that you offer:
- Stability: Demonstrate a secure home environment and clear plans for your child’s future.
- Emotional and Physical Needs: Evidence of your involvement in the child’s daily care, medical appointments, and schooling.
- Willingness to Co-Parent: Courts favor a parent who fosters the child’s relationship with the other parent.
Winning a primary conservatorship role means effectively proving to the judge that your home provides superior stability and support based on these precise factors. We gather the necessary evidence, from school records to witness statements, to present a clear picture of your committed role as a parent.
Securing Possession and Access: Going Beyond the Standard Order
The default visitation schedule in Texas is the Standard Possession Order (SPO). The SPO governs when each parent has possession of the child. It typically offers parents possession on the month’s first, third, and fifth weekends.
However, many fathers in Abilene seek more time. We immediately explored the option of an Expanded Standard Possession Order (ESPO). The ESPO gives the possessory conservator more time by starting weekend possession when school is dismissed on Friday and returning the child when school resumes on Monday morning. It also provides additional Thursday evening possession.
The expanded schedule significantly increases your time with your children. When we fight for your rights, we assertively argue that maximum, frequent, and continuing contact with you is vital to your child’s well-being.
Critical Legal Overlap: Family Law and Criminal Defense
Unrelated legal issues, especially family violence or criminal accusations, severely threaten full custody rights. Texas law (Texas Family Code § 153.004) presumes against appointing a parent with a history of family violence as a conservator. We address your entire legal standing, including criminal charges, to protect your future as a father.
Protecting Your Ability to Provide: Personal Injury Law’s Role
Financial stability is crucial in custody cases. A serious personal injury, like a car accident or workplace injury, can impact your ability to work. In Texas, you recover nothing if you’re over 50% responsible for the accident. We fight to maximize your recovery, providing essential financial security for your child.
Our Assertive Approach for Abilene Fathers
We founded Barrett Legal, PLLC in 2012. We have spent years building a reputation across Abilene, Texas, for our determined and uncompromising representation. When you face complex legal challenges, whether securing expanded possession time, defending a criminal charge, or fighting for recovery after an injury, we recognize that your family’s stability is paramount.
We understand the stakes. We are aggressive. We are assertive. We fight the unfair assumptions and the legal roadblocks between you and your children. We build the compelling legal case you need for the future you deserve.
If you are a father in or near Abilene, ready to fight for your rights, contact us today. We are prepared to take your case to the next level. Click the number below to contact us.
