The divorce process is not just complex but emotionally draining for the parties involved.  It is a stressful situation for both parents and their children, especially when the parents cannot agree on custody issues.  While it’s possible for parents to cooperate on custody and child support issues, most of the time parents fight over who gets custody and who gets to make decisions for the child.

Fathers are often left feeling that mothers have more rights as far as child custody is concerned. It’s true that in the past, courts were more likely to award custody to mothers, but that is no longer the case.  Cases, where fathers have been awarded sole or primary custody over their children, have been on the rise as attitudes have changed.

Texas Courts Prefer Joint Custody

What Are Fathers Custody Rights In Texas?

Since Texas courts consider the child’s best interest when making custody and support decisions, they are more likely to award joint legal custody to the parents. Joint managing conservatorship is the default option for divorcing parents unless there is evidence it will not be in the best interest of the child.  Shared custody gives an equal say to both parents as far as raising the child and making decisions about education and health for the child.

Courts are likely to award joint legal custody in the following situations:

• The child’s best interest can only be met if both parents participate in protecting the child’s emotional, health, and physical needs
• The parents are more likely to be actively involved in the child’s life if the court awards joint legal custody
• The parents seem willing to encourage the child to have a positive relationship with either parent
• How far do the parents live from each other
• What the child prefers if the child is 12 years old or older
• Any history of family violence or abuse and more

A court may award one parent sole custody, which makes the parent the only person who can make certain decisions on behalf of the child. Sometimes only one parent gets primary decision-making authority over some areas of the child’s life. The mother or the father can be awarded sole managing conservatorship or primary decision-making authority.

When one parent becomes the sole managing conservator of a child, the other parent is named a possessory conservator.

What Are Father’s Rights In Child Custody Cases?

Do Fathers Have Rights To Child Custody

Texas family law does not discriminate against fathers. That means fathers have equal parental rights toward their children as mothers. So, if the court finds that the father has been the primary caregiver for the child during the marriage, the father is probably going to be awarded primary or sole custody instead of the mother.

Texas courts believe that the best interests of the children are awarding both parents joint custody.  That means one of the parents provides the primary residence for the child while the other parent has visitation rights. Both parents participate in decision-making on behalf of the child.

That is why parents are allowed to work together to create a parenting plan that works for their child.  Each parent gets to live with the child at different times each month and during holidays.