Fathers’ Rights – Texas Divorce

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There is a common misconception that “women always win custody” of children in a Texas divorce. Although statistically, women do most often gain primary custody of the children after a divorce , there is nothing in Texas law giving women and advantage over men.  Fathers have  rights to custody, visitation and receive child support. Here at The Rudisel Law Firm, P.C. we treat each case the same regardless of gender,  we fight relentlessly to win for our clients and their families.

Below are some tips for men going through a divorce.

  • Do Not Leave the Home
  • Avoid Confrontation
  • Gather Documents
  • Maintain the Status Quo

Do Not Leave the Home

A spouse cannot simply evict the other spouse because a divorce is filed.  The courts will decide who stays in the marital home if an agreement cannot be reached.  Stay in the home with the children unless the environment becomes volatile or unworkable.  If you do leave the home, follow the tips below.

Avoid Confrontation with your Spouse

Divorce can be emotional and often times spouse engage in heated arguments.  It is important to avoid confrontation in the beginning stages of divorce because the police may become involved and often times an arrest is made simply to keep the peace.  An arrest or even a police report  can have severe consequences in gaining custody of children during a divorce.  Actions during the initial phases of the process may make the difference between a contested divorce and uncontested divorce.

The courts always consider the “best interest of the children” when presiding over a divorce case.  It is best to avoid confrontation in the presence of children.  The idea of parents separating is emotionally taxing on children.  Do your best to make the children as comfortable as possible during the initial separation.  Do not discuss the details of the divorce with the children under any circumstance.

Gather Documents

One important part of the divorce process in Texas is gathering documents. Men often time leave the home upon separation and leave important documents behind such as tax returns, social security numbers and financials.  These documents are important and your lawyer will need them to prepare your case.  Make copies of important papers as it will save time and money and assist your lawyer in representing you.

Maintain the Status Quo

If you decide to leave the martial home, make sure life continues as normal as possible for the children.  This may be difficult to do however it is important that the children’s live remain consistent.  If you are the primary financial support for the family, make sure the household bills and extracurricular activities are maintained until a settlement can be negotiated or the case goes before the court.

Need a Free Case Evaluation for Fathers’ Rights? Contact us Today!

We dedicate a substantial part of our practice to men going through a divorce.  If you need more information on Fathers’ Rights in Texas, contact us today.