When fathers separate or divorce from their children’s mother, they may assume that the court will grant the mother primary custody of the children. However, fathers’ rights under Texas custody law reflect a gender-neutral approach to custody evaluations. As a father in a custody proceeding, understanding your rights can help you protect your relationship with your child or children.
Fathers’ Equal Rights Under Texas Law
Texas law treats parents equally without regard to sex/gender during custody determinations. Instead, the law requires courts to consider the “best interests of the child” as the overriding consideration when deciding legal and physical custody between separated or divorced parents. Courts may not favor or presume that one parent or another should have primary or sole custody based on that parent’s sex/gender or the sex/gender of the child. As a result, fathers have an equal right to pursue legal custody – the right to make decisions regarding the child’s upbringing, education, healthcare, and religious/moral instruction –physical custody – the right to control the child’s location – and visitation – the right to spend time with the child.
Types of Custody Arrangements in Texas
Courts may choose between joint and sole custody arrangements. Courts tend to prefer joint custody arrangements, recognizing that children thrive when they have healthy relationships with both parents and have both parents involved in their upbringing. In a joint custody arrangement, parents share equal decision-making authority on legal custody issues and must agree on major decisions, such as where to send their child to school. Parents also split custody time with the child in a joint arrangement.
In a sole custody arrangement, one parent has the authority to make decisions regarding the child’s upbringing or has sole physical possession of the child, excluding the other parent. The court usually only orders sole custody arrangements when parents cannot cooperate on decision-making regarding their child’s upbringing or when one parent has a history of child abuse or demonstrates an inability to exercise parental control.
In joint arrangements, courts may designate one parent as the “primary” parent, based on which parent the child spends the majority of overnights. In Texas, fathers can pursue joint or even primary custody of their children when such an arrangement serves the best interests of their children.
Factors Courts Consider in Custody Decisions
In determining what constitutes a child’s “best interests,” courts consider factors such as:
- The child’s preferences, if the court finds the child mature enough to express a reasoned preference
- The physical and emotional needs of the child
- Any emotional or physical danger to the child
- Each parent’s ability to exercise their parental duties
- The existence of programs to assist the parent and child
- Each parent’s plans for the child
- The stability of the parent’s home
- The suitability of the parent-child relationship for the child’s needs
Fathers who can demonstrate their active, responsible, and supportive involvement in their child’s life, as well as their ability to co-parent with their ex, can put themselves in a better position to secure a favorable custody arrangement.
Common Challenges Fathers Face
Typical challenges that fathers face in pursuing a preferred custody arrangement in Texas include:
- Innate biases and stereotypes that view mothers as the “default” primary caregivers
- Difficulties in balancing work schedules and parenting time, especially when a father previously served as the family’s primary or sole breadwinner
- False allegations of abuse or neglect
- Documenting in-depth involvement in the child’s life, including attending the child’s school or extracurricular events, or participating in medical decision-making
Contact a Family Law Attorney Today
As a father, you have the right to develop a close bond with your children and to participate in their upbringing. Contact Guest & Gray today for a free initial consultation with a knowledgeable family law attorney to learn more about fathers’ rights in Texas custody cases.
