We're operating at full capacity for you and your family. Learn about our COVID-19 Plan.
Inner Banner

Parental Rights

Dallas/Fort Worth Parental Rights Lawyers

Parental Rights Attorneys in Texas

Legal separations and divorces are incredibly stressful life events. Minimizing upheaval in a child’s life during a separation or divorce is any parent’s top concern. However, to ensure that every decision made is in the best interest of the children, it’s often important to employ the help of an experienced parental rights attorney.

Jill Setzer and John Richard Setzer, Jr. of Setzer Law Firm, PLLC represent people confused and concerned about father’s rights or mother’s rights during a contentious divorce or separation. Whether you need legal help regarding paternity claims, possibility of child relocation, custody disputes, or support order modifications, rest assured you can depend on the family law expertise provided by Jill and John Setzer to defend the rights given to you by state family law statutes.

Contact us today to schedule a consultation with prominent parental rights attorneys in Southlake, Texas.

Who Gets Custody of the Child?

In Texas, the word “conservatorship” replaces “custody” in regards to who gets custody of children during a divorce or separation. Legal conservatorship is granted by court order only. Without a court order describing conservatorship rules, parents can take children any time they want for trips, visits, or possibly relocation purposes.

When a parent is appointed conservatorship of a child by court order, that parent is appointed as a joint managing, sole managing, or possessory conservator. Joint managing conservatorship is basically a shared custody order in which parents can legally make joint decisions regarding things like where children attend school, when they can visit either parent, and healthcare. Sole managing conservatorship, however, delegates most or all of the responsibility of making these decisions to just one parent. In cases where one parent is the sole managing conservator, the other parent has what is known as possessory conservatorship.

Contentious custody disputes should be resolved as quickly as possible to avoid placing children in stressful situations. Legal representation by a family law attorney in Texas is essential for parents involved in custody disputes. Never attempt to represent yourself in a custody dispute. Contact our family law firm in Southlake, TX today for legal assistance.

What Are My Rights as a Custodial Parent?

Custodial parents have nine basic rights regarding their children. These rights are described in theTX Family code 153.132. They include the right of a custodial parent to determine where a child lives, what surgical, psychiatric, dental and medical procedures the child can undergo, and the right to make final decisions about a child’s education. Fundamentally, the custodial parent has the final say in all things concerning the child’s life.

For example, a custodial mother wants to send her children to a Christian private school instead of a public school. The noncustodial father objects because he has a different faith. Unfortunately, the custodial mother’s rights take precedent over a noncustodial father’s rights. Unless the noncustodial father can find substantiated proof that sending his children to a private school would harm them, he has no choice but to accept the custodial mother’s choice.

What Are My Rights as a Noncustodial Parent?

The primary right a noncustodial parent has is the right to have a child support order modified by the court. If a noncustodial parent in Texas experiences financial issues due to being laid-off or being unable to work because of health problems, they have the right to reduce child support payments until they are able to make full payments again.

However, noncustodial parents should be aware of stringent child support laws in Texas. Unpaid child support will accrue interest until the parent resumes making payments. Additionally, if a parent owes past child support, they will be expected to make payments past a child’s 18th birthday until the past due amount is paid in full.

If a judge finds a financially stable, noncustodial parent is intentionally withholding child support payments, that parent could find their driver’s license, concealed carry permit, or other state issued licenses revoked. Judges have been known to jail a parent who is court-ordered to pay child support but refuses to do so.

Noncustodial parents experiencing financial instability should call Jill Setzer and John Richard Setzer, Jr. of Setzer Law Firm PLLC immediately for legal help if they cannot pay child support. Modifying court-ordered child support as soon as possible can prevent loss of driving privileges or jail time.

What to Do When Your Parental Rights are Violated

Most violations of a mother’s rights or a father’s rights involve one parent refusing to return children to a custodial parent or a custodial parent refusing to allow the noncustodial parent to see the children. Parental rights violations also occur frequently in joint conservatorship cases where one parent does something with the children that the other parent did not agree to do.

If you believe your parental rights have been violated, call 817-230-4248 to make an appointment with the proven Texas family law firm of Setzer Law Firm PLLC. Our office is located in Southlake, and we represent residents of Grapevine, Roanoke, Keller, and communities in Denton, Dallas, Tarrant & Wise Counties.

Don’t allow one parent to violate your parental rights. Contact us today for legal assistance regarding your mother’s rights or father’s rights in a child custody case.

Get in Touch

Southlake Office - Principal Office

300 Morrison Park Drive, Suite 110, Southlake, TX 76092

Phone : 817-230-4248