At Juan Ramos Law Group, we often hear from fathers across McAllen, Texas and the Rio Grande Valley who are ready to take an active role in their children’s lives. Whether you’re seeking joint custody, primary custody, or just starting out, we’re here to guide you.
Here are some of the most common questions fathers ask when beginning a custody case in Texas:
1. Do fathers have equal rights to custody in Texas?
Yes. Texas law no longer assumes the mother should be the primary custodian. Courts focus on what is in the best interest of the child, and both parents have equal standing when it comes to requesting custody and visitation.
2. What is the difference between custody and visitation?
In Texas, custody is referred to as conservatorship, and it includes two components:
- Legal conservatorship: The right to make decisions about the child (education, medical, etc.).
- Possession and access: The actual physical time each parent spends with the child.
Many fathers are awarded joint managing conservatorship, meaning shared legal rights, even if one parent has more physical possession.
3. Can I get primary custody as a father?
Yes. While it’s more common for mothers to have primary possession, fathers can—and do—get primary custody. Courts consider:
- The child’s emotional and physical needs
- Each parent’s involvement and stability
- Any history of abuse or neglect
- The child’s preference (if age-appropriate)
If you have been the primary caregiver or the other parent is unfit, your case can be very strong.
4. What do I need to file a custody case in Texas?
You’ll need to file a Suit Affecting the Parent-Child Relationship (SAPCR). To do this, you must:
- Have standing to file (typically, you’re the biological father)
- File in the correct county (usually where the child lives)
- Include a proposed possession schedule and child support terms
At Juan Ramos Law Group, we ensure all documentation is properly prepared and filed to give you the strongest start.
5. What if the mother refuses to cooperate or denies visitation?
If you already have a court order, we can help enforce it. If not, you need to file a SAPCR to establish your rights legally. Until then, the mother may have full discretion over visitation.
6. Do I need a lawyer to file for custody?
You’re not required to have one, but custody cases can become complex, especially if contested. A knowledgeable attorney can:
- Prepare your legal pleadings
- Represent you in court and mediation
- Advocate for fair possession and support terms
At our firm, we fight for fathers and make sure your voice is heard.
Ready to Start Your Custody Case?
If you’re a father in McAllen, Edinburg, or anywhere in Hidalgo County, and you’re ready to step up for your child, we’re ready to help.
📞 Call Juan Ramos Law Group today at (956) 398-5542
📍 Serving McAllen, Edinburg, and the Rio Grande Valley
📅 Schedule A Consultation Here
Let us help you protect what matters most—your relationship with your child.