In a divorce or child custody case, the primary conservator is the parent who cares for the child consistently and has advantages over the other parent when it comes to rights, duties, and time with the child.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, elaborates on whether a mother is always the primary conservator of the child. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Child Custody Vs. Courts
In regards to who has the primary right to designate where the child resides, there is a misconception that the mother always gets the right to designate the primary. This may have been the case maybe 25 or 30 years ago.
But in today’s world, we have single parents who both work, including mothers and fathers. So the courts nowadays are more apt to look into all the circumstances as to whether or not a 50-50 possession and access schedule is best for the child.
It will be determined on the facts, such as where the parents reside and what each parent can provide. But it’s been evident not only in the definition of who has the right to designate primary but also in the possession access schedule.
Many courts now have gone to a 50-50 possession access schedule in the summer, whether it be a week on and a week off or two weeks on and two weeks off. So there is a misconception that the mother always does have the right to designate primary, but it is very fact-intensive.
If you’re in a situation where you want to have the right to designate primary or want to have a 50-50, and you’re on either side of the table, whether it be the mother or the father. Then, you’re going to need to make sure that you have all your evidence together and have an attorney who understands how to present admissible, credible, relevant evidence in front of the judge to be able to put your case in the light most favorable to you.
Hire An Experienced Texas Family Attorney
The fight for child custody is among the most emotional court disputes. If you and your spouse are about to divorce, you need an experienced advocate in your corner. In addition, if you want to protect your child’s custody rights, you need to start early and have an attorney who understands the law in your corner. 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 “What Are My Chances of Getting 50-50 Custody of Our Child? ”
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.
- During A Custody Hearing, Are The Laws Different For Mothers And Fathers?
- Am I Going To Receive Any Spousal Maintenance?
- What Is The Difference Between Sole And Shared Custody?
- Does A Spouse Have A Right To Property That The Other Spouse Inherited Before The Divorce?
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 to obtain 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.
