Many parents often assume that mothers are more likely to receive primary custody or that fathers have less of a chance. But what does custody really look like in Texas? Is there a gender bias?
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC discusses whether there is a gender bias in custody decisions during Texas child custody case hearings. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Shifting Perspectives in Custody Decisions
The idea that mothers automatically get primary custody is largely outdated. Although some older judges might still hold onto traditional views, these are becoming increasingly rare. Nowadays, the reality for most households is that both parents work, and parenting responsibilities are often shared equally. This shift has significantly changed how courts view custody arrangements.
In fact, it’s quite common for fathers to be awarded primary custody. The Texas family code does not favor one parent over the other based on gender. Over the last decade, any assumption that mothers will automatically win custody has been largely eliminated. Decisions are now based on the facts of each case rather than gender.
The Role of Fathers in Possession and Access
In the past, custody schedules often involved a “step-up” process, where fathers would gradually gain more visitation time, especially with young children under the age of three. However, this is no longer the standard practice. Courts are now more inclined to provide equal access to both parents, even when it involves infants or nursing children.
For example, nursing mothers may be required to prepare bottles for the father, ensuring he has equal bonding time. The importance of a father’s role in bonding with his child is supported by extensive research, and more judges, including female judges, recognize this. The focus is now on ensuring that both parents have as much involvement with their children as possible.
The Impact of Shared Custody on Children
One of the most important considerations for Texas courts is the impact of custody arrangements on a child’s overall well-being. Research suggests that children benefit greatly from shared custody arrangements where both parents are actively involved in their lives. The continuity of care provided by both parents helps foster emotional stability, reduces anxiety, and improves academic performance in children. Courts consider these benefits when determining whether shared or primary custody is in the best interest of the child.
Financial Considerations in Custody Cases
Financial stability is another factor that plays a key role in determining custody arrangements. Courts assess each parent’s ability to provide for the child’s basic needs, such as housing, healthcare, education, and overall quality of life.
However, financial capability alone does not determine custody; Texas courts ensure that custody decisions are fair and are also based on emotional support, time commitment, and the quality of the relationship with the child.
Overcoming Biases Through Parenting Plans
A well-crafted parenting plan can also influence custody decisions. Judges often look for parents who are willing to collaborate and create a parenting plan that serves the child’s needs. This can include clear guidelines for visitation schedules, decision-making responsibilities, and conflict-resolution strategies.
A proactive approach from both parents helps demonstrate their commitment to co-parenting, which is an important consideration in overcoming any perceived bias.
A Focus on Facts, Not Gender
Over time, the approach to custody has evolved significantly. It’s not about whether the mother or father is inherently the better parent. Instead, it’s about what is in the best interest of the child, and those decisions are based on the specific circumstances of each case. Many fathers are now being awarded primary custody or even sole managing conservatorship when the facts support it.
What Does the Texas Family Code Say?
The Texas Family Code provides detailed statutes that regulate child custody, visitation, and parental rights. Here are some key sections that are particularly relevant to these issues:
No Presumption Based on Gender (Section 153.003)
The Texas Family Code explicitly states that there should be no preference based on the gender of either parent when determining child custody. This means that courts must consider both parents equally without any presumption that one is better suited than the other simply because of their gender.
The Best Interest of the Child (Section 153.002)
According to the Texas Family Code, all custody decisions must be made in the best interest of the child. This means that the court evaluates various factors, such as the emotional and physical needs of the child, each parent’s involvement, and the stability of the environment that each parent can provide.
Equal Rights and Duties of Parents (Section 153.071)
This section ensures that both parents have equal rights and responsibilities unless the court decides otherwise. It promotes shared decision-making for important aspects of a child’s life, such as healthcare and education, reflecting the belief that both parents should have an active role.
Consideration for Young Children (Section 153.254)
For children under the age of three, the Texas Family Code provides guidelines for custody that prioritize the child’s development and attachment to both parents. This may include a flexible schedule to support bonding with both the mother and father rather than favoring one parent as the primary caregiver.
Partnering with an attorney who understands these laws is crucial for parents navigating custody disputes, helping them to fully grasp their rights and responsibilities during the entire process.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
If you’re facing a custody case, it is essential to consult with a family law attorney to understand your rights and develop a strategy that benefits both you and your child. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How is Child Support Determined in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- The Danger of Verbal Agreements for Children’s Custody and Property Division in Texas
- Getting an Order Enforced for Child Custody, Marital or Children Support, and Others
- What Are My Chances of Getting 50-50 Custody of Our Child?
- Can the Use of Marijuana Cause Me to Lose Custody of My Child?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
