Many people believe that divorce favors women but the divorce process is complex.  The assumed bias towards women may have something to do with courts awarding women custody in the past.  But that may have been partly because of gender bias toward women during those days.

Fathers face some unique challenges during divorce but these challenges can be overcome with the help of an experienced divorce attorney.

Challenges Faced By Fathers During Divorce

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In addition to the emotional roller coaster that fathers have to deal with during divorce, they also worry that the court may overlook their interests. For instance, fathers wanting custody over their children may have to overcome the presumption that only women are better equipped to care for children.

Unfortunately, some courts are more likely to award women primary custody. This is because of ideas in the past about women being better at caring for children. Texas law does not state that only a woman can become the primary parent.

What Judges Consider Before Making Custody Decisions

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The best interest of the child is the main factor in child custody decisions. Not even the child’s opinion on who between the parents they want to live with matters.  The court is interested in how the child’s relationship with both parents can be maintained in a healthy, meaningful way.

That means that there will be co-parenting. Fathers are more likely to get custody if they can prove they actively participated in parent duties.  These may include participating in school activities, taking the child to medical appointments, and being nurturing.

Your spouse may try to undermine your relationship with your child during divorce. This is called parental alienation and it often occurs in divorces where the parties do not see eye to eye.

How To Get Primary Custody

Fathers can strengthen their case by constantly being in contact with their children and equally participating in their upbringing. You must be dedicated and committed in your role as a parent and provide a nurturing environment for your children.  You can do the following to strengthen your custody case:

• Be involved and actively participate in your child’s life
• Document the interactions you have with your children
• Talk to your lawyer about the rights and options you have
• Make sure your approach to co-parenting is positive and always focus on the needs of your child
• Make a list of people who can testify about your relationship with your children and you active participation in your children’s lives
• List all the expenses related to caring for your children to show that you recognize your financial responsibility
• Go to parent counseling sessions and participate in co-parenting classes
• Provide a stable and child-friendly home for your children because it will portray you as a suitable caregiver

You don’t have to advocate for your rights alone. Your family law attorney can help you navigate your child support case and give you the legal guidance you require. Your attorney will review your situation and create a strategy that is more likely to help you get custody.