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Is Texas a Mother or Father State?

Numerous factors, issues, and circumstances come into focus once a family law case is filed, bringing to light the complex dynamic of “state vs father” and other parental roles. Parents often worry about maintaining a relationship with their children and presenting a united front with their co-parent after the resolution of a family law case. These concerns gain added significance in heated disputes, especially evident in situations where parents argue over who will be named the primary conservator of the children. This “state vs father” scenario highlights the challenges fathers may face in proving their capability and right to primary conservatorship amidst broader legal and societal expectations.

A lot of the time, this subject comes down to who is in a better position to parent your children on a full-time basis. While we don’t always like to admit things like this, mothers and fathers tend to take on different roles in parenting and income Earning for the family. Historically, men have typically been the income earners for a family while women take on more roles as caretakers for the home and the children.

While it would be unfair to say that these designations are still true across the board, there is still a great amount of truth that parents share responsibilities in fairly well-defined ways. This implies that one parent often serves as the main income provider while the other primarily focuses on child care. Specific circumstances may differ to an extent, but overall in many households that I work with, one parent will focus more on raising the children than the other.

Redefining Family Law Roles

This doesn’t mean that certain families may not take on a hybrid role in each capacity. It does mean that you need to examine what your role in the parenting of your child has been and what that means for your family law case. Many parents, especially fathers, 10 believe that the family law process favors women over men. I would verify this perspective isn’t true before engaging in any costly and lengthy family law issue, given my firm stance.

The title of today’s blog post references The point that mothers and fathers try to find out about with some regularity before beginning a family law case. Who has the advantage when it comes to custody issues: mothers your fathers? Although the answer may not always be straightforward, there are signs in your own life to identify your potential to prevail in matters of primary conservatorship.

As a father, the key question I seek to answer is whether I stand a fair chance of being heard impartially by a judge on this matter. After all, if there is an explicit or implicit bias regarding family law cases in Texas, why would you even want to bother moving forward with the case only to see it decided based on your gender? For the rest of today’s blog post, this is the subject that I would like to discuss in detail.

What’s the big deal about being a primary conservator?

The child’s primary conservator regarding a divorce or child custody case is the parent who cares for the child consistently and who holds advantages over the other parent regarding many issues when it comes to rights, duties, and time with the children. Let’s walk through some of the more important issues regarding these subjects so that they understand them a little bit better before your case begins.

Navigating Conservatorship and Custody Balance

The primary conservator of children can spend more time with the kids because they can designate the children’s primary residence. Being able to designate the children’s primary residence does not mean that you have sole custody or that the other parent will not get to spend time with the kids ever. However, it means the children will reside with you during the school year, with vacations and holidays divided fairly between you and your co-parent.

While this is a far cry from having something like sole custody, it allows you to spend probably close to 60% of your child’s time together with you. The possessory conservator, the person who is not the primary conservator, will have Visitation rights and privileges during the summer to have extended periods of Visitation. However, there is a feeling that the nonprimary conservator is always operating from a disadvantage when it comes to time with the child an influence in that child’s life as far as their well-being is concerned. Whether or not this is the case in your family will ultimately decide based on the factors and circumstances at play in your case.

Child Support: Duties of Conservatorship

The primary conservator gains the right to receive child support from the nonprimary conservator. The calculation of child support considers the number of children involved in the specific family law case and the parent’s net monthly income. To be sure, this is a huge responsibility as far as having to pay child support is concerned. While the calculation of child support is based on a formula contained in the Texas family code, the reality is for some people, this can be a fairly emotional topic.

There is something about paying money to an ex-spouse or former partner that rubs many people the wrong way. Just when you think your attachment to this person has ended, the reality emerges: your life with them, now centered on co-parenting and child support responsibilities, may just be beginning. With that said, there is ample opportunity 2 discuss the issues relevant to conservatorships and the deciding of these issues within a case.

That discussion typically comes about during the negotiation phases of a family law case. You and your Co-parent will have an opportunity and an obligation to go over these topics in detail to see if you all can arrive at a settlement between yourselves rather than proceed forward to a contested hearing or child within your divorce or child custody case. Ultimately, this is where many people find themselves better able to come to a solution that works best for all parties.

Do mothers have advantages in child custody and divorce cases when it comes to custody?

I think this is the question that we