Do Texas Courts Favor Mothers over Fathers?

Mothers and fathers have equal legal and financial rights in Texas family courts.

Technically, state law is neutral on this subject. In fact, the Texas Family Code expressly states that both mothers and fathers have equal rights in every way. Practically, however, the tender years doctrine lingers. This informal presumption, which goes back to 1881, states that mothers should always get custody of young children of tender years, normally with no questions asked. Fathers must overcome this bias, especially in custody matters.

This presumption often affects, but certainly does not determine, custody and visitation matters. Since both parents have important legal rights, both parents should work with an experienced Ft. Worth family law attorney. A lawyer helps ensure that courts make decisions based on the facts of the case, not on antiquated and discredited presumptions. Most custody and visitation matters settle out of court, sparing a family additional pain and significantly reducing legal fees.

Initial Child Custody Determinations

Most divorce and paternity petitioners are women. The petitioner has a natural advantage in civil cases because the petitioner has the initiative. This natural advantage often extends to modification proceedings. More on that below.

Usually, the court holds a temporary hearing about two weeks after the petition is filed. So, a Ft. Worth family law attorney usually drafts proposed temporary orders at about the same time s/he files the petition. Once again, petitioners have the advantage and respondents are on their heels, at least to some extent.

Technically, temporary orders expire when judges enter final orders. But temporary orders are usually the blueprint for final orders. So, an early setback could be fatal.

Furthermore, many mothers are primary or exclusive caregivers. Texas family courts often value stability above all else, even if the mother isn’t mother of the year. Judges often reason that the devil you know is better than the devil you don’t know. Additionally, if Dad expressed little interest in diaper changes and piano recitals during the marriage, most courts assume Dad would be a poor caregiver. Quite frankly, in many cases, this assumption is accurate.

An immediate partnership with an experienced family law attorney makes a big difference. Assertive lawyers know how to retake the initiative without being bullies. The respondents bear some responsibility as well. The more diapers Dad changes during the marriage, the better his position during custody and visitation proceedings.

Subsequent Modifications in Texas Family Courts

Generally, possession is nine-tenths of the law. The parent with custody or liberal visitation rights usually retains these rights, even if the other parent challenges them in court.

Modifications have an additional dynamic because many parents focus on the best interests of the parent instead of the best interests of the child. Move-away modifications, one of the most common kinds of custody/visitation modifications, are a good example.

If Mom gets a job out of state, relocation is obviously in her best interests. But that relocation may not be in the child’s best interests. To take full advantage of her informal presumption, Mom must frame the move for the children (e.g., the schools are better or I’ll have better hours). Likewise, Dad can blunt the informal tender years presumption by focusing on the aforementioned stability preference.

Contact an Assertive Tarrant County Attorney

Mothers often have a slight advantage in Texas family courts. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. The sooner you reach out to us, the sooner we start working for you.