Texas law has come a long way in recognizing the importance of both parents in a child’s life—but many fathers in The Woodlands still question whether they’ll be treated fairly in court when custody is on the line. Do fathers truly have equal rights when it comes to child custody? The short answer: yes—under the law. But there are important legal steps, timelines, and nuances that fathers must understand in order to assert and protect those rights effectively.
This blog breaks down Texas custody laws, clarifies misconceptions, and offers practical, legally sound information to help fathers in The Woodlands make informed decisions.
Understanding Texas Custody Law: Fathers and Mothers Are Equal Under the Statute
In Texas, the law doesn’t favor one parent over the other based on gender. According to Texas Family Code §151.001, both parents have equal legal rights and duties when it comes to their children. These include the right to physical possession, access, medical decision-making, education choices, and moral or religious training.
The legal term for custody in Texas is “conservatorship,” not “custody” as it’s more commonly called in other states. When deciding conservatorship, Texas courts must consider only what is in the best interest of the child, not whether the parent is the mother or father.
“A court may not discriminate against a parent based on the parent’s sex or marital status in determining which parent should be appointed sole managing conservator.”
— Texas Family Code §153.003
So, in the eyes of the law, fathers and mothers start on equal footing.
Types of Conservatorship in Texas
Before diving into specific rights for fathers, it’s important to understand the legal structures involved in custody cases in The Woodlands and across Texas.
1. Joint Managing Conservatorship (JMC)
This is the most common arrangement. Both parents share rights and responsibilities. They work together to make important decisions regarding the child’s education, healthcare, and general welfare. However, this doesn’t always mean equal parenting time.
2. Sole Managing Conservatorship (SMC)
In this setup, one parent is given the exclusive legal right to make certain decisions. The other parent (called the possessory conservator) may have limited access or supervised visitation. Courts typically only assign SMC when there are concerns of abuse, neglect, absence, or extreme conflict.
The Standard Possession Order and the Expanded Version
For noncustodial parents—often, but not always, fathers—Texas uses a Standard Possession Order (SPO) that outlines specific visitation times. The default SPO provides:
- 1st, 3rd, and 5th weekends each month
- Thursday evenings during the school year
- Alternating holidays and a portion of summer vacation
In 2021, Texas updated the law to encourage Expanded Standard Possession Orders, giving noncustodial parents even more time with their children. If the parents live within 50 miles of each other, the expanded SPO can include:
- Thursday overnight visits
- Extended weekend pickups and returns
- Nearly 40–45% parenting time annually
While not mandatory, courts generally favor the Expanded SPO unless it’s proven that it’s not in the child’s best interest.
Establishing Paternity Is Critical for Unmarried Fathers
A father’s rights in Texas are tied directly to legal paternity. If the parents are married at the time of the child’s birth, the husband is automatically presumed to be the legal father. But if the parents are not married, a father must establish paternity before pursuing custody rights.
This can be done in one of two ways:
- Acknowledgment of Paternity (AOP) – A voluntary form signed by both parents.
- Court-Ordered DNA Test – Typically initiated through a paternity lawsuit.
Without legal paternity, a father has no legal standing to seek custody, visitation, or make decisions for the child—even if his name is on the birth certificate. This is why unmarried fathers must act quickly. Delay can weaken the case for meaningful involvement later.
Do Fathers Ever Get Full Custody in The Woodlands?
Yes—but only under specific circumstances. While courts encourage shared parenting, they may award sole managing conservatorship to a father if:
- The mother has a history of drug or alcohol abuse
- There are credible allegations of physical abuse or neglect
- The father has been the primary caregiver
- The mother voluntarily relinquishes her rights
In such cases, the court still applies the best interest of the child standard, and fathers must present clear evidence of their stability, caregiving ability, and involvement in the child’s life.
Courts will also look at:
- The child’s emotional and physical needs
- Each parent’s ability to provide a safe environment
- Any history of violence or criminal behavior
- Communication and co-parenting skills
While full custody isn’t the norm for either parent, courts are not biased against awarding it to a qualified, involved father.
Debunking the Myth: Are Mothers Still Favored in Texas Courts?
While Texas law is explicitly gender-neutral, some fathers feel the system still leans toward mothers, particularly in initial temporary orders or in highly contentious cases. This perception is often rooted in:
- Longstanding societal norms where mothers were traditionally seen as primary caregivers
- Judges making discretionary decisions based on subjective views of a child’s “routine” or “attachments”
However, courts increasingly recognize the importance of father involvement, especially when the father demonstrates consistent emotional and financial support, active participation in the child’s day-to-day life, and willingness to co-parent.
Practical Steps for Fathers Seeking Custody or Visitation
If you’re a father in The Woodlands seeking custody or visitation, there are steps you can take to strengthen your case:
- Establish paternity immediately if you haven’t already.
- Document everything: keep a record of your time with the child, communication with the other parent, school involvement, and healthcare support.
- Maintain financial support—even before there’s a formal order.
- File a Suit Affecting the Parent-Child Relationship (SAPCR) to request formal custody and visitation rights.
- Be respectful and cooperative in all interactions with the other parent and the court.
- Avoid conflict and especially any actions that could be viewed as harassment, neglect, or poor judgment.
Judges often take note of the parent who shows the most willingness to promote a positive relationship between the child and the other parent.
Working with a The Woodlands Family Lawyer Can Make the Difference
Navigating custody laws is challenging, especially when you’re up against emotional dynamics and legal complexities. A skilled family law attorney can help fathers:
- Establish paternity
- File for joint or sole conservatorship
- Negotiate expanded possession schedules
- Modify existing court orders
- Respond to custody disputes
- Present persuasive evidence in court
Morgan Bourque Attorney at Law, based in The Woodlands and serving surrounding areas, has experience handling complex family law matters and is committed to protecting fathers’ rights under Texas law.
With a background in both prosecution and defense, Morgan Bourque and his legal team are well-equipped to provide a strategic approach in high-stakes custody cases, especially those involving allegations, contested paternity, or modification proceedings.
Final Thoughts
In Texas, fathers have every right to seek custody, visitation, and a meaningful role in their child’s life. But those rights aren’t automatic—especially for unmarried fathers or those facing a challenging co-parenting situation. Understanding the law, taking proactive legal steps, and working with an experienced family lawyer can make all the difference.
Need Help Asserting Your Parental Rights?
If you’re a father in The Woodlands facing a custody dispute, want to establish paternity, or are ready to modify an existing order, contact us today. Our team is here to help you understand your rights and fight for the relationship you deserve with your child.
Call us at (713) 766-6001 to schedule your free consultation today.
Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.