Child Custody and Texas Fathers

Not long ago, mothers were considered the child's primary caregiver and could therefore expect to be granted full custody of the child in a divorce case. However, this is slowly changing. According to the American Academy of Pediatrics, more than half of mothers with small children work. Traditionally, fathers served as the primary provider for the household; but in modern times, mothers are beginning to take on the role and fathers are becoming stay-at-home dads.

While it is certainly possible for fathers to gain full custody of their children, it is important to understand that whichever parent a child ends up living with will be one of the most important influences in the child's life.

Going into a child custody case, you need to know that there are two different types of custody--Physical and Legal. Physical custody allows a parent to determine a child's living arrangement and legal custody allows a parent to make decisions about a child's upbringing (education, religion, healthcare, etc.). It is not uncommon for the courts to award physical and/or legal custody to both parents. However, joint physical custody does not necessarily mean a child spends equal time with both parents. For example, if the judge determines that it is in the best interest of the child to primarily live with the parent that resides in the child's school district, the other parent may be awarded child custody on the weekends. If joint legal custody is awarded, both parents will have equal rights to decide major issues in the child's life.

Based on Texas Statutes; Family Code, Chapter 153, Texas custody laws require the best interest of the child always be the primary consideration in determining custody, without regard to the sex of the parent or child. Sole or joint custody may be awarded, but presumption will be for joint managing conservators. If the courts find a history of family violence involving the parents of a child, the presumption under this subsection will be removed.

The courts use the following factors in determining custody:

1. Whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators
2. The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest
3. Whether each parent can encourage and accept a positive relationship between the child and the other parent
4. Whether both parents participated in child rearing before the filing of the suit
5. The geographical proximity of the parents' residences
6. If the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child
7. Any other relevant factor

Every child custody case is different; therefore, it is important to discuss child custody issues with an experienced San Antonio divorce attorney. A

Higdon, Hardy & Zuflacht, L.L.P., San Antonio Divorce Attorneys, are proud to offer each client a secured and personal website with around-the-clock access to court orders, important documents, and informative bulletins involving their case.

HHZ Law is the largest board certified family law firm in San Antonio, Texas. Our San Antonio family law attorneys have extensive experience in child custody and divorce cases and are always ready to represent your needs.