Protecting Your Family's Future
 

Fathers’ Rights: Increasing Your Chances of Getting Physical Custody of Minor Children

Custody of Minor Children

For most of the history of divorce, mothers have been favored by courts for physical custody, often under what was known as the “tender years” doctrine, a theory that mothers were biologically better equipped to nurture small children. Though Texas has rejected the tender years doctrine, it’s still overwhelmingly more likely that a court will award physical custody (now known as managing conservatorship). There are, though, specific things that you can do to increase your chances, as a father, of securing physical custody of your children.

The Best Interests of the Child Standard

For decades, the primary consideration when establishing custody in Texas has been the “best interests of the child.” The court will typically look at a wide variety of evidence and factors, all with an eye toward what will best promote healthy a emotional and physical environment for the child. With that in mind, here are some of the questions the court will likely ask:

  • What has been the nature of your relationship with your child?—How does the child view you? Have you been an active and meaningful presence in their lives? The court will be inclined to grant primary custody to the parent with whom the child has spent the most time and has the strongest bonds. Accordingly, did you participate in all the daily routines—dropping off and picking up at school, disciplinary measures, doctor’s appointments, baths and bedtime? The more you did, the better your chances of getting custody.
  • Can you get along with your ex-spouse?—The courts in Texas prefer that both parents have a meaningful role in the lives of minor children, and look with disfavor on a parent who belittles or denigrates the other parent. If you can show that you will maintain a positive relationship with the child’s mother, that will be viewed positively in custody determinations.
  • Are you prepared to be a parent?—If  you want custody, you have to be able to show the court that your primary focus, after the divorce, will be on parenting your children. If the court perceives that you’ll be more interested in your own personal development, or in new relationships, they may conclude that such a lifestyle is not in the child’s best interests.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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