Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Increasing Numbers of Fathers Winning Sole Custody

Fathers have come a long way in Texas. In the past, child custody almost invariably went to mothers. Mothers still are more likely to receive custody of children in a divorce case, but Texas courts do not consider the parent’s sex – they are to consider only what is in the best interests of the child. The fact that mothers are more frequently given custody of children may simply reflect the reality that even in modern times, mothers are more likely to have acted as the primary caretakers of children prior to the divorce. However, over the past decade, the number of fathers awarded sole custody has doubled, according to one source.

How does child custody work?

Custody divides into two categories: legal custody and physical custody. In Texas, legal custody is called “managing conservatorship.” Each parent is a “conservator,” and the law generally presumes and awards joint managing conservatorship, meaning that each parent has the right to make decisions affecting their child’s health and education and to manage their child’s finances and school activities, amongst other rights.

Physical custody, on the other hand, is rarely joint. The preference is for one parent to be the sole physical conservator of the child. The phrase Texas uses for the parent with current custody of the child is “possessory conservator.” A possessory conservator simply refers to the parent with current custody; it is the term both for the parent with primary physical custody and the one with visitation rights when the one with those rights has the child actually in custody.

How can fathers win sole physical custody? In the absence of substance abuse or criminal activity on behalf of a child’s mother, all that a father can do is to present his best case when arguing for sole physical custody of his child. Texas courts may not consider a parent’s gender when determining the best interests of the child.

Are you a father trying to win sole child custody of your child? Speak to one of our Houston child custody lawyers to learn how you can present your best case in court.

John K. Grubb & Associates, P.C. – Houston divorce lawyers

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