Blog Post

FATHER’S RIGHTS TO CUSTODY AFTER DIVORCE

  • By Admin, Wednesday, May 10, 2017 10:14 AM
  • 17 Sep, 2018
Child Support — Family Having a Problem in Temple, TX

When a married couple goes through a divorce, their assets are generally divided equally. When it comes to child custody, however, the mother typically receives preference from the court. If you are a father going through a divorce, it’s important to understand your rights in the custody battle.

EQUAL CONSIDERATION TO THE MOTHER

Texas state law does not allow the sex of the parent to be used to determine custody decisions. The goal is to make sure the child maintains a healthy relationship with both parents, in the best interest of the child.

DETERMINATION BASED ON ABILITIES

The courts are supposed to make their custody decisions based on the parenting abilities of each spouse. Per Texas law, fathers are entitled to make their parenting ability case to the court.

NEEDS OF CHILD

Ultimately, the court will rule in favor of the child’s physical and emotional needs and safety. Though the old mindset was that mothers were more capable to care for children, nowadays, fathers are as actively engaged in the lives of their children as mothers are.

CUSTODY VS. VISITATION

In the end, one parent will likely receive custody, meaning the other will just have visitation rights. Even still, the father is entitled to be a part of their child’s life to maintain a healthy relationship with their child.
If you are a husband and father facing divorce, call James M. Whorley in Temple, Texas, for experienced divorce litigation.
By Admin, Wednesday, May 4, 2016 10:59 AM 17 Sep, 2018
The health effects of stress can be severe. Several studies have linked the stress of divorce with a four to eight year drop in overall lifespan. Working with a professional can help mitigate much of stress of divorce. Our attorneys offer guidance and knowledge to help you through this
By Admin, Thursday, July 28, 2016 10:55 AM 17 Sep, 2018
Being charged with driving under the influence is a serious offense that could lead to probation, the loss of your license or even jail time. If you have been accused of a DUI, you must take the proper steps to protect and defend yourself in court.
By Admin, Wednesday, September 28, 2016 10:52 AM 17 Sep, 2018

You do not necessarily have to be on your deathbed before thinking about a will. You should get this document taken care of as soon as possible just in case. There are numerous benefits to having a comprehensive will , and you do not want to leave this Earth without having all your affairs in order.

By Admin, Thursday, November 17, 2016 11:49 AM 17 Sep, 2018

Child custody laws  and statutes are put in place by individual states. Understanding the nuances of child custody in each state is vital when seeking it. Texas is a perfect example of a state where child custody laws should be thoroughly investigated by those seeking custody.


  • Terminology - In Texas, custody is interchangeable with the term conservatorship. While the term conservatorship is used in many other states, it is generally associated with anyone other than direct descendants. However, in Texas conservatorship includes children as well.
  • Acronyms - There are several terms in Texas child custody cases that are merely referred to by their acronyms. While these acronyms are not difficult to differentiate, having a working knowledge of them can eliminate common confusion. For example, JMC stands for Joint Managing Conservators.
  • Appointment - In Texas, in order for a custody order to legal and bona fide, it has to be processed through the courts. Though temporary guardianship can be approved through power of attorney, without an official court order, both parents have identical rights to children.


Child custody can often be one of the most contentious battles in a divorce settlement. For more information on child custody laws in Texas, call James M. Whorley at 254-742-0420.

By Admin, Friday, January 20, 2017 11:37 AM 17 Sep, 2018

It is not uncommon for circumstances to change after a divorce. When this happens, the involved parties may want to make changes to custody and support decrees. To move forward, the party seeking those modifications must show that the changes to the circumstances are significant and will continue. The changes that might prompt modification include:

  • Relocation of one party to another state
  • Significant income changes
  • Concerns relating to the care and safety of minor children
By Admin, Tuesday, March 21, 2017 10:29 AM 17 Sep, 2018
If you are the recipient or payer of child support  in Texas, it is important to understand how monthly payments are calculated. The state has created a formula to ensure that the child or children will be taken care of financially. Essentially, the payments are based on the income of the payer, but there are some deductions and caps that are applied to the payment. Payments may be different depending on the individual situation and will sometimes be determined by a judge.
By Admin, Friday, June 30, 2017 10:09 AM 17 Sep, 2018
The day you dropped your kid off at college is one that you will never forget. You were so proud of their achievements and hopeful for their future success. Now, you are worried sick about what they may have done to their future. Although DUI/DWI charges are serious, you can help your child recover their reputation by working with their attorney and following these steps.
By Admin, Tuesday, September 5, 2017 10:02 AM 17 Sep, 2018
Divorce is difficult enough without having to worry about who gets custody and when visitation can be had. But the reality is that, if you have kids, these are certainly a couple of things you'll have to deal with as the divorce process unfolds. Following are five signs that you should consider hiring an experienced lawyer to represent you in your child custody case.
By Admin, Thursday, November 2, 2017 9:58 AM 17 Sep, 2018

Before you decide to get behind the wheel of a vehicle while under the influence, you should really consider exactly what it could cost you - aside from the fact that you could cause a deadly accident. If you are not ready to spend thousands of dollars, you may want to think twice before driving under the influence.

Attorney's fees are just the tip of the iceberg when it comes to what you will be financially responsible for. There are a variety of additional fees, fines and expenses that will come along with your defense.

The following will provide you with an idea of the kind of expenses you can expect to pay when you are convicted of a DUI. Keep in mind that exact figures are not provided because monetary amounts will vary from person to person and state to state. However, here's a general overview of what to expect.

By Admin, Thursday, December 28, 2017 10:54 AM 17 Sep, 2018
Not sure if you and your spouse are simply going through a rough patch? Do the two of you want to work through some issues but not while you're under the same roof? If staying together sounds untenable but divorce seems too drastic, you and your spouse have a third option: legal separation.
This type of separation is more than just an informal trial period when one of you moves into another home for a few months. Instead, it requires a legal agreement that outlines yours and your spouse's fiscal and child-rearing responsibilities during your separation.
Legal separation isn't as well understood as divorce is. Below, we'll introduce you to what legal separation is and explain whether it could work for you.
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