Does Texas Favor the Mother in Child Custody Cases?

Are you a parent preparing for a custody case in Texas? Whether a divorce or separation, it is crucial that you understand your rights. You may be wondering: Does Texas automatically favor the mother in custody cases? The answer is “no”—it is an outdated belief that mothers have an inherent advantage over fathers in custody cases. Texas custody lawyers are gender neutral. Here, our Houston child custody attorney provides a more detailed explanation of the key points parents should know about Texas law.

Texas Law Does Not Favor the Mother (Both Parents Have Equal Access Custody Rights) 

In decades past, Texas favored the mother in custody cases. The state used to recognize a policy known as the “tender years doctrine.” The tender years doctrine is a legal principle that historically presumed it was in the best interest of young children to be in the custody of their mothers. In the 1980s, Texas explicitly refuted that principle. The law does not show a preference for mothers over fathers in custody cases. Both parents have an equal right to seek custody.

Note: Texas does not use the term “custody” to describe arrangements for children after a divorce; instead, the terms “conservatorship,” “possession,” and “access” are used. “Conservatorship” refers to the rights and responsibilities of parents, while “possession” and “access” relate to how physical time with the children is shared between parents.

 The Best Interests of the Child is the Top Priority in Custody Case

What is best for the child is what matters in a custody case. Under Texas law (Tex. Fam. Code § 153.002), courts apply the “best interests of the child” standard to resolve custody disputes. The state does not presume that it is better for a child to be with his or her mother (or father) regardless of their age. Indeed, the guiding principle is always the best interests of the child—and gender-based presumptions should not be used by courts. The best interests of the child standard requires courts to consider a wide range of factors that can impact the child’s physical and emotional well-being, including:

• The child’s physical and emotional needs;
• The child relationship with each parent;
• The parental abilities demonstrated by each parent;
• The stability of the home environment; and
• The child’s own wishes if they are of sufficient age and maturity.

The Bottom Line: Texas takes a holistic approach to child custody. The job of the court is to determine what arrangement is in the best interests of the child. Mothers and fathers have equal custody and visitation rights under the law. No inherent preference is given to either parent.

 Contact Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorneys provide solutions-focused guidance and support to clients. If you have any questions or concerns about a custody matter, please do not hesitate to contact us for a fully confidential, no obligation consultation. From our Houston office, we provide custody and visitation services throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm