San Antonio Parental Rights Attorneys
Parental rights include everything a parent does to exert control over their child’s upbringing. Generally, parental rights are automatic for biological and adoptive parents. The parent can only lose these rights through the legal process. The Texas Family Code and Texas courts consider parental rights fundamental. A parent’s right to oversee the care of their child is essential, so the court applies strict scrutiny to decisions concerning parental rights. This strict scrutiny is necessary because if the court terminates your parental rights, you are no longer legally considered the parent of your child.
In cases of divorce, if one biological parent remarries, the stepparent can obtain parental rights. If the other biological parent is negligent in their duties toward the child, then the stepparent could gain greater parental rights over the child than the biological parent.
If you are going through a divorce or are trying to retain parental rights over your child, you need a knowledgeable lawyer to guide you through this complex process. The factor the court must always keep in mind is the best interests of the child. You know what is best for your child and have a right to make decisions about the child’s upbringing. At Higdon, Hardy & Zuflacht, L.L.P., our experienced parental rights attorneys will do everything they can to help you make the best decisions for your child.
Call us today at (210) 349-9933 for an initial consultation.
About Parental Rights Cases
Parental rights allow for—but do not guarantee—physical and legal custody of the child. They also allow the right to make legal decisions, such as medical treatment and contractual agreements, on behalf of the child. We have experience handling parental rights issues in cases concerning:
- Unmarried parents
- Stepparent adoption
Even if you are not given custody of your child, you could be able to retain certain parental rights. Parental rights allow you to retain the right to visit your child and decide on certain matters of your child’s wellbeing. If you are in the San Antonio area and need help navigating these complex matters, please do not hesitate to contact a parental rights attorney today.
What Are My Rights As a Parent?
A child custody case in Texas typically results in the court choosing one of the parents as the custodial or primary parent. The child’s primary residence is usually with their custodial parent. They also are entitled to child support from the noncustodial parent.
Just because one person has primary custody over a child doesn’t mean they get to spend more time with them. The parenting plan will address various issues, including possession of and access to the child, as well as a visitation schedule for both parents.
Although there are situations where courts favor the mother when it comes to child custody cases, Texas remains neutral. Instead of simply choosing mother or father as the primary parent, they look at the child’s overall safety and happiness to determine which home is best suited to their needs.
Termination of Parental Rights
Asking the court to terminate your spouse’s or ex’s parental rights is a serious request. It’s not something that a judge will take lightly when reviewing all the facts of the case. You must be certain you’re ready to proceed with this matter and potentially face an uphill battle. Most people won’t easily give up their rights to see their child. It’s crucial that you remember the ultimate goal and remain diligent in advocating for your child’s wellbeing.
The most common reasons people will seek the termination of another person’s parental rights include:
- Abandonment for an extended period
- Multiple instances of physical or sexual domestic abuse
- History of neglect
- Addiction to alcohol or drugs
- Severe mental illness
- Lost parental rights over another child
Under circumstances where one parent faces imprisonment for a violent crime, a family law court might decide to remove that parent’s legal rights to physical custody. There are many situations that could affect someone’s ability to see their child. Your San Antonio parental rights attorney will ensure you get a fair chance at pleading your case to a judge, so you don’t miss one more second of your child’s life.
Contact a San Antonio Parental Rights Attorney
You have the right as a parent to be part of your child’s life. At Higdon, Hardy & Zuflacht, L.L.P., we understand that you know what is best for your child. Our team of San Antonio custody attorneys will work tirelessly to fight for your family. You can depend on us to advocate for your child’s future, safety, and happiness. They are the most important person in this situation. We want to ensure they end up the winner after this overwhelming and stressful experience.
When you hire one of our San Antonio parental rights attorneys, we will create an individualized plan that reaches your goals. You can count on personalized attention throughout your entire case and the support and guidance you need to get through this difficult experience. We will remain by your side until the very end and help you fight for your rights.
If you need help with a parental rights matter, contact our San Antonio team at (210) 349-9933. We will be happy to meet you for an initial consultation to discuss the elements of your case and determine the best legal option moving forward.