Are the father of a minor child who has is contemplating the end of your marriage? If so, one of your biggest concerns about getting a divorce is likely the relationship you will have with your child after the divorce. In fact, you may want to retain primary custody, or conservatorship as it is called in Texas, of your child, but you are concerned about your chances because you are the father. You are likely asking yourself “Do I stand a chance of getting custody of my child?” According to an experienced Frisco father’s rights lawyer, the answer is “yes,” you do stand a chance of being named conservator of your child in the divorce.
There was a time, not all that long ago, when both society and the law assumed that a mother would get custody of the minor children in a divorce. The assumption worked just fine most of the time because very few fathers wanted custody of the children. Sure, a father might step up and ask for custody if the mother was unfit, but as a general rule everyone stuck to the stereotypical gender roles when the parents of a minor child decided to end their marriage. Over the past several decades, however, things have changed considerably. As more and more women chose the career path, more and more fathers started to consider taking a more active role in parenting. These societal changes eventually led to changes in the law.
The law in the State of Texas is very clear on the issue of presumptions where conservatorship of minor children is concerned – there are to be none. Texas Family Code Sec. 153.003 reads as follows:
The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining:
which party to appoint as sole managing conservator;
whether to appoint a party as joint managing conservator; and
the terms and conditions of conservatorship and possession of and access to the child.
When deciding issues relating to conservatorship and possession and access of a minor child, Texas Family Code Sec. 153.002 governs, reading as follows:
“The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
Knowing that the law does not allow a presumption in favor of the mother with regard to conservatorship of a minor child should certainly be good news; however, it far from assures you that you will be awarded the child’s Sole Managing Conservator, if that is your goal. The law only ensures that the court will consider your qualifications equally with those of the mother.
Unless the mother has agreed to grant you conservatorship of your child, you need to be prepared for a custody battle. Custody battles are never easy on anyone involved, including the child. Having an experienced Frisco father’s rights lawyer on your side will dramatically increase your chances of being successful in your quest for conservatorship. A father’s rights lawyer understands both the law, and the bias that sometimes still exists in the minds of judges or juries when it comes to awarding conservatorship of a minor child to a father. Therefore, if you plan to pursue divorce and conservatorship of your minor child, you should consult with an experienced Frisco father’s rights lawyer as soon as possible.
If you have additional questions or concerns about pursuing conservatorship of a minor child in a divorce, contact an experienced Frisco father’s rights lawyer at The Law Office of Jon R. Boyd to schedule your appointment today.