Do Mothers Automatically Get Custody After a Texas Divorce?

daughter with mother on a couch

Are Mothers Automatically Awarded Custody in Texas Divorce Cases?

Parker Family Law AttorneyOne of the most common misconceptions about divorce law in Texas is that mothers are automatically awarded custody of their children. This is not true – in fact, Texas family law is designed to ensure that both parents have equal rights and responsibilities when it comes to their children. If you are going through a divorce and are concerned about matters related to custody, contact a divorce lawyer to ensure you understand your rights related to custody and other matters related to the divorce.

Texas Laws Regarding Child Custody After a Divorce

In Texas, child custody is broken down into “conservatorship” and “possession”. Essentially, conservatorship is the decision-making responsibility of each parent while possession determines the time each parent spends with the child. In the court of law, the child’s best interests are the primary concern in all conservatorship and possession decisions. The court takes many factors into account when making determinations about each of these components, including the child’s age, physical and emotional needs, and relationship with each parent. 

In some cases, it may be in the interest of the child for only one parent to have sole managing conservatorship while the other has rights to possession. However, this decision will be based on the child’s needs and circumstances, not on any presumption that one parent is entitled to conservatorship. The law does not favor one parent over the other. 

Ultimately, the best way to ensure that your rights as a parent are protected in a Texas divorce case is to work with an experienced lawyer. Your lawyer can help you understand the relevant laws and procedures, and they can work with you to develop a conservatorship and possession plan that is in the best interests of your child.

Will the Court Listen to the Preferences of the Child?

In situations where the child is at least 12 years old, the court may agree to hear the child’s preferences. However, the child’s preferences will be far from the only thing that the court considers. The court understands that while a 12-year-old is approaching their teenage years, they are still far from able to determine their own best interests. 

Contact a Parker Divorce Lawyer

For skilled and experienced legal counsel, contact the esteemed Collin County divorce attorney with Law Office of Brian Bagley. Call (972) 843-7158 for a free consultation. 


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