Introduction
Fathers in San Antonio face unique challenges when navigating family law. Whether you’re going through a divorce, establishing paternity, or seeking more time with your children, understanding your rights is crucial. At Roberson Duran Law, we know modern fathers play an active role in their children’s lives and deserve equal consideration under Texas law.
Equal Rights Under Texas Law: Breaking Down Misconceptions
Texas law treats fathers and mothers equally in custody, conservatorship, and parental rights. The Equal Rights Amendment of 1973 eliminated gender preference in court decisions.
While fathers nationwide average about 35% of custody time, Texas fathers get about 33%—a figure that is improving as courts focus on the best interests of the child rather than gender assumptions.
Establishing Paternity: The Foundation of Father’s Rights in Texas
For unmarried fathers, establishing legal paternity is the first step to securing rights. Without it, fathers have no legal say in custody, visitation, or decision-making.
Ways to Establish Paternity in Texas:
- Presumption of Paternity: Married to the mother at the child’s birth or within 300 days before the child’s birth.
- Voluntary Acknowledgment of Paternity (AOP): Signed and filed with the Texas Vital Statistics Unit; required even if your name is on the birth certificate.
Court-Ordered Paternity: Initiated through a Petition to Adjudicate Parentage, often with DNA testing.
Understanding Texas Conservatorship
Texas uses “conservatorship” instead of “custody”:
- Joint Managing Conservatorship: Both parents share decision-making on education, healthcare, and welfare; parenting time is set separately.
- Sole Managing Conservatorship: Granted when one parent poses a risk or is absent.
- Possessory Conservatorship: The right to spend time with the child but limited decision-making power.
Possession and Access: Maximizing Time with Your Children
Texas presumes an Expanded Standard Possession Order (ESPO) is in a child’s best interests when parents live within 50 miles.
ESPO Schedule Includes:
- 1st, 3rd, and 5th weekends (Friday after school to Monday before school)
- Thursday evenings during the school year
- Alternating major holidays
- 30 days in summer
This generally provides around 46% parenting time—higher than the 42% figure sometimes cited.
Child Support: Rights and Responsibilities
Child support is based on the non-custodial parent’s net monthly income (up to $9,200/month):
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more: 40%
Orders can be modified if income, parenting time, or a child’s needs change.
Common Challenges Fathers Face
- Work Schedule Conflicts: Courts consider your active involvement, so document participation in your child’s life.
- Geographic Restrictions: Courts may limit relocation to protect parent-child relationships.
False Allegations: Skilled legal defense is crucial to protect your reputation and rights.
Recent Legal Developments
- Expanded Standard Possession Order (2021): More time for non-custodial parents.
- Best Interests Standard: Courts increasingly recognize benefits of strong relationships with both parents.
Legislation in 2025: Senate Bill 849 (pending) would make equal parenting presumptive unless specific factors make it inappropriate.
Building a Strong Case
- Keep detailed records of your involvement.
- Maintain stability in home and employment.
- Follow all court orders precisely.
- Focus on the child’s welfare, not just “winning.”
Importance of Experienced Legal Representation
We assist with:
- Establishing or challenging paternity
- Negotiating fair custody and visitation arrangements
- Modifying and enforcing orders
- Defending against false allegation
Moving Forward as an Active Father
Texas law supports committed fathers who actively participate in their children’s lives. By understanding your rights, fulfilling obligations, and working with experienced counsel, you can secure a strong, lasting bond with your children.
Contact Roberson Duran Law at (210) 224-4077 to protect your rights as a father.