Do Courts Favor
the Mother Over
the Father in Texas?

What Factors Determine the ‘Best Interest of the Child’?

The courts do not favor mothers. Instead, decisions are made based on the best interests of the child. It is common for parents to disagree about what outcome would best meet their child’s needs. Each case is unique. However, a Judge may consider the following factors:

• The child’s medical needs are both mental and physical
• Whether each parent encourages a connection with the other, courts will not look favorably on a parent who attempts to alienate the other
• If the child is over 12, then the court could consider their preference, but ultimately the decision must still be made based on their best interests
• The financial stability of each spouse, including whether they have a secure job and are able to provide basic necessities such as shelter and food
• The quality of life that each parent is able to provide
• The lifestyle habits of each parent and whether either is struggling with an addiction.
• Any history of domestic abuse in the home
• The child’s access to wider family members, friends, and community
• Whether living with one parent will disrupt a child’s routine, such as moving to a new location or changing schools
• Each parent’s ability to meet their child’s physical and emotional needs
• Each parent’s mental and physical health
• The wishes of each parent

what does paternity mean in texas?

When parents separate, it is common for them to disagree about what form custody should take. However, family law courts expect parents to, at least, try to come to agreements amicably, using mediation. The Judge will then approve their agreement if it is in line with Texas state law.

If parents cannot agree, then the case will go to trial, and the Judge will make a decision on their behalf.

At Skillern Firm Divorce & Child Custody Lawyers, we will help facilitate mediation in your case where possible. This can help you to create a personalized arrangement while saving time and money on court costs. However, if a decision cannot be reached, then we will be prepared to advocate on your behalf in front of a Judge.

How is Child Custody Decided in Texas?

When parents separate, it is common for them to disagree about what form custody should take. However, family law courts expect parents to, at least, try to come to agreements amicably, using mediation. The Judge will then approve their agreement if it is in line with Texas state law.

If parents cannot agree, then the case will go to trial, and the Judge will make a decision on their behalf.

At Skillern Firm Divorce & Child Custody Lawyers, we will help facilitate mediation in your case where possible. This can help you to create a personalized arrangement while saving time and money on court costs. However, if a decision cannot be reached, then we will be prepared to advocate on your behalf in front of a Judge.

Different Types of Child Custody Arrangements in Texas

Child custody can take many forms in Texas. However, simply put, there are two broad types of conservatorship, they are joint custody and sole custody.

Joint Custody

Joint custody is when parents share custody. There are many different forms that this can take; custody could be equally shared, meaning the child spends their time equally with both parents, and both parents have a right to make important decisions on the child’s behalf, such as those involving education and medical care.

Although this may seem like the fairest option, in practice it is often not practical. One parent may work longer hours than the other, or one parent may live a lot closer to the child’s school. Therefore, having one primary residence could help create more stability for the child.

It is common for one parent to have primary custody while the other is granted visitation rights. A typical visitation schedule could be for the child to spend every other weekend and one weekday evening each week with the noncustodial parent. Both parents could still retain the right to make important decisions on their child’s behalf, or this right could be granted to one parent.

Sole Custody

In most cases, parents will be expected to arrive at some type of joint custody arrangement. However, there are situations where a sole custody arrangement is justified, meaning the other parent loses their rights toward their child.

Sole custody may be granted if the other parent poses a risk to their child’s wellbeing. For example, perhaps there is a history of child abuse, or one parent is abusing drugs and alcohol.

If you believe you should be granted sole custody, then you will need to present strong evidence to the Judge. Courts do not take away parental rights easily, and you should speak to a family law attorney who can help you gather the necessary evidence.

Equally, if your spouse is unjustifiably fighting for a sole custody arrangement, then you should ensure that you have legal representation so that your side of the story is heard.

If the court does agree to a sole custody arrangement, then one parent will have sole rights to make important decisions on their child’s behalf. In some situations, the other parent could be granted supervised visitation, and the custodial parent will need to facilitate that.