Do Moms or Dads Win The Custody Battle in Texas?

It is a common misconception overheard by many family divorce attorneys that mothers receive greater consideration in custody hearings than fathers.

Although there was a time when this might be so, today’s divorce law firms even in the state of Texas ;do not find this to be the case.

Texas family divorce lawyers represent mothers and fathers equally, which is how the court sees them, allowing each to state cases to their best ability to prove parental fitness in child custody cases.

Maternal Preference An Outdated Belief

An outdated belief that is no longer valid is the idea that children are better off with their mothers, so mothers should automatically get custody unless there is a reason why they should not.

Family divorce attorneys have long argued, with the court now agreeing, that children should be allowed to continue critical relationships with both of their parents, with custody and visitation being set according to what is in the best interest of the child.

Texas Family Code Is Unbiased

Family divorce lawyers representing both mothers and fathers refer to the Texas family code, which explicitly states that custody and visitation are to be decided based on the qualifications of both parents and without consideration of their sex or marital status.

Law firms find that the parent who has been most influential in the child’s life frequently is considered to continue as a managing conservator in this role regardless of whether it is the mother or father.

Essentially, the court makes its decision on conservatorship and visitation based on which parent is able to provide the most stable environment for the child and meet his or her needs in a completely unbiased way.

Who Is Getting More Custody and Parenting Time Today?

While family divorce attorneys do represent mothers and fathers equally and the Texas family court does consider them equally, many are quick to point out the fact that mothers do still get custody more often than fathers do.

The reason for this fact is simply based on what the parents themselves decide.

Today, divorce lawyers help parents negotiate custody terms collectively so there is no need to look to the court for a directive on main conservatorship and possession as well as ;visitation agreements.

In fact, the Texas family court prefers it when parents can work out agreements for what works out best for their kids and themselves and encourages them to do so.

Law firms with experienced attorneys who understand the idea of best interest and how the courts interpret it, guide parents to understand what the court’s requirements are, helping them understand what is in their child’s best interest throughout the negotiations.

The fact that more mothers end up with primary possession is a decision being made more often by the parents, not the courts.

Still, fathers are getting more parenting time than ever before, as conservatorship in Texas is usually split unless there is a valid reason why it should not be done.

When circumstances work out that way, plenty of fathers are granted custody today when it benefits their child for them to be the parent with primary possession.

Moms and Dads Both Win In Most Texas Custody Cases

The important point that family divorce attorneys stress on the topic of custody is that today, the Texas family court focuses first and foremost on what is in the best interest of the child and not the wishes of the parents.

Since every situation is different, lawyers realize there are always circumstances where a mother or father might not receive as much consideration for possession and visitation.

In most cases, the attorneys at experienced family divorce law firms help parents identify what is truly best for their child, then come up with a custody agreement that suits everyone based on that factor.