Mother’s Rights in Texas

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The Modern Mother’s Legal Standing in Texas

Texas law operates under the "Best Interest of the Child" doctrine. While the courts aim for both parents to be involved, they also recognize the importance of maintaining a stable "primary" home. At Pelley Law, we help mothers navigate the complexities of:

  • Conservatorship (Custody): Seeking the right to determine the primary residence of your children.
  • Possession and Access (Visitation): Crafting schedules that protect your bond with your child while accounting for school, extracurriculars, and your work life.

Child Support: Ensuring your children receive the financial resources they are legally entitled to for their health, education, and daily needs.

The Modern Mother’s Legal Standing in Texas

Texas law operates under the "Best Interest of the Child" doctrine. While the courts aim for both parents to be involved, they also recognize the importance of maintaining a stable "primary" home. At Pelley Law, we help mothers navigate the complexities of:

  • Conservatorship (Custody): Seeking the right to determine the primary residence of your children.
  • Possession and Access (Visitation): Crafting schedules that protect your bond with your child while accounting for school, extracurriculars, and your work life.

Child Support: Ensuring your children receive the financial resources they are legally entitled to for their health, education, and daily needs.

Standing Up to Intimidation and Conflict

Many mothers come to us during a time of immense stress, often dealing with a co-parent who is attempting to use the legal system as a tool for intimidation or coercion. If you are facing a contentious situation, you need more than just a lawyer; you need a shield.

Protecting Victims of Abuse or Bullying

If you have been subjected to verbal, emotional, or physical abuse, your safety and the safety of your children are our top priorities. Russell A. Pelley has extensive experience in:

  • Protective Orders: Securing legal protection to keep an abusive party away from your home and workplace.
  • Supervised Visitation: Arguing for restricted or supervised access for the other parent if there is a history of violence or substance abuse.
  • Emergency Orders: Acting quickly to modify temporary orders when your children are at risk.

Supporting the Stay-at-Home Mother

If you have sacrificed your career to raise your children, you may feel financially vulnerable during a divorce. We fight to ensure the court recognizes your non-monetary contributions to the family. This includes seeking Spousal Maintenance (Alimony) and an equitable division of assets to ensure you have the foundation necessary to start your next chapter.

Supporting the Professional Mother

Working mothers often face a "double standard," where their commitment to their career is unfairly used to question their availability as a parent. We help professional mothers demonstrate that a successful career and excellent parenting are not mutually exclusive, advocating for flexible possession schedules that reflect the modern working world.

Establishing Rights for Unmarried Mothers

In Texas, if you were not married at the time of your child’s birth, you are the sole legal guardian until a court order states otherwise. However, without a formal Suit Affecting the Parent-Child Relationship (SAPCR), you may lack a court-enforced child support order or a clear legal framework for visitation. We help unmarried mothers establish:

  • Legal Paternity: Finalizing the legal status of the father to trigger support obligations.
  • Enforceable Support Orders: Ensuring you aren't relying on "handshake deals" that can be broken at any time.

Predictable Schedules: Establishing a legal calendar for visitation to prevent "surprise" demands from the other parent.

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