When navigating a divorce, the primary focus should be on determining what’s best for you and your child. As a father, you may not have spent as much time at home with your kids as your spouse, but your dedication to their well-being is evident through your work ethic and the resources you’ve provided. Understanding when courts award sole custody to Texas fathers clarifies how these factors influence custody decisions and ensures you stay informed about your rights and responsibilities.
Now that you are going through a divorce you must ask tough questions about the future of your relationship with your children. What will be the best set-up for you and your child as you begin a new phase of your life? What are the chances that your soon-to-be ex-spouse agrees to what you offer in mediation as a settlement on custody? If no agreement is reached, what are your chances of convincing a family court judge to grant your desired outcome?
The facts matter in family cases- except when they don’t
Family court cases oftentimes end up being less dependent on what the laws are and more dependent on the factual circumstances of a case. Meaning: judges have a wide degree of latitude when it comes to making decisions that can impact your case. When do courts award sole custody to Texas fathers? The circumstances of your case may dictate that a judge do something that would be unthinkable in other situations. The point is that you and your attorney need to take a long, hard look at your facts before developing a strategy to achieve whatever goals you have in your case.
You ought to look at the history of your family to see what roles you and your wife have played when it comes to raising your kids. If you have taken a backseat to your spouse in parenting duties, you will struggle to justify why you should become the primary caretaker of your children after the divorce. However, if you want to be able to gain those rights in the future (perhaps via a modification) you need to be aggressive in your negotiations now.
What sort of role have you taken to this point when it comes to raising your child?
Since your child’s birth, how involved have you been in their daily care? Courts will look for evidence of active parenting. Even if work or other obligations have kept you away, arguing for primary conservatorship can be challenging without a history of being the main caregiver. Judges typically focus on who has managed morning routines, grocery shopping, cooking, transportation, and recreational activities. They prefer to maintain the current arrangement unless there’s a compelling reason to change it. If your spouse has taken on most of these responsibilities, the judge is likely to allow them to continue in that role.
Hold on a second, you may be thinking. Why should your wife assume that role just because it has been the way your child has been raised? Doesn’t it matter that you do everything that you can to raise your child in the time that you have with him or her? While that does matter on some level, the reality is that the judge is not in a position to learn nearly enough about your family in a short hearing. The judge must make a decision that impacts your child’s well-being. When pressed, the judge is likeliest to stick with what the current division is between you and your spouse.
So, when do courts award sole custody to Texas fathers? A judge is not saying that you are incapable of parenting your child just because you are not named as the primary caretaker. However, what the judge is saying is that there is insufficient evidence to flip the parenting roles at this time. Over time, and if the circumstances of your family change, it may be that you become better suited to take on these responsibilities.
The future is important to a judge when considering parenting roles
As previously mentioned, a judge will consider the future circumstances of both you and your spouse before naming one of you as the primary conservator of your children. While your spouse may currently be well-suited to care for your children, your new home might provide a better environment. A judge will assess various factors to decide which parent is better equipped for primary parenting responsibilities, both now and in the future.
Where will your child go to school? What environment is the best for her educationally?
First, your child must attend school through high school in the state of Texas. One of the most significant parts of your child being able to meet their potential is to stay in school and do what it takes to succeed in that environment. Therefore, a judge will aim to ensure that your child receives a proper education. The choice of schools, between the one, zoned to your future home and the one zoned to your spouse, plays a major role in this determination.
Are you and your spouse planning on staying in the same school district after your divorce or will you be moving elsewhere? Does your child do well in the school they currently attend, or has their struggles academically become a major issue in your case? Many parents in mediation settings will agree to a geographic restriction where both parents will remain in a certain school district because those schools offer a certain program for disabled children or because the academic success of that district is particularly high.
On the other hand, if you plan to move across town to be closer to work or for another reason, a judge will likely want to know which school serves your new home. If there is a significant downgrade in the quality of the educational environment near your new home that is something that would be very relevant in a judge’s determination.
Who has a work schedule that is consistent from week to week?
Many of us in 2020 deal with unpredictable work schedules due to side hustles and multiple income streams aimed at covering bills, saving for college, and building home equity. While this unpredictability may be manageable for a single person, it becomes more complex when you have children. A judge will scrutinize your work schedule to determine whether it supports your role as the primary conservator or fits into a flexible custody arrangement.
Think about the needs of your child daily. As I touched on a moment ago, your child’s ability to attend school is the most important aspect of your child’s life to a judge- outside of their being in a safe environment in your home. So, if you have a flexible work schedule that allows you to be at home when your kids go to school and finish up with school for the day that is a huge advantage for you.
It is a difficult tightrope to walk when it comes to employment. On the one hand, I have demonstrated to you how important it is for you to have a flexible work schedule. Judges don’t usually get excited to award primary custody of a child to any parent who works 75 hours a week. On the other hand, judges typically favor parents who have stable careers over those who do not.
Where will you be living after your divorce?
This question is closely linked to the first two questions as well. Where you live is often dependent on the income you earn. Where you live will also determine where your children go to school unless you can send them to a private school. Your neighborhood should be one that suits your child as far as the livability of your home and the safety of the neighborhood. How close is your home to your child’s school? How stable are you in your residence? Will you be renting or buying? Can you stay in the family home if there is only one income to pay the mortgage?
What other family-related situations are in play during your divorce?
Do you have children from a prior marriage who live with you? Do your children have a close relationship with their step-sisters and brothers? If so, that could be a point in your favor because judges typically do not want to break up family units like this. Remember that judges do not like to separate brothers and sisters from one another, so it is not likely that a judge would allow one of your kids to live with you primarily and the other to live with your ex-wife.
Be prepared for a little mud to be slung by your wife
If you are fighting to be named the primary caretaker of your children, expect that it may upset your spouse. During temporary orders hearings or final trials, I’ve seen both men and women accuse the other parent of serious issues like drug use, alcohol abuse, mental instability, or family violence. When do courts award sole custody to Texas fathers? The stakes are high, so expect your spouse to make allegations that may not be entirely accurate.
Conclusion
Understanding when do courts award sole custody to Texas fathers is crucial for navigating the complexities of a divorce case. By focusing on what’s truly best for your child, you can demonstrate your commitment and readiness to provide a stable and supportive environment. As you move forward, keep in mind that the court’s decision will reflect your dedication and the resources you’ve invested in your child’s well-being. With this knowledge, you can better advocate for your role in your child’s life and work towards a favorable outcome.
What role will your child’s preference play in determining which parent is the primary conservator?
At the outset of tomorrow’s blog post from the Law Office of Bryan Fagan, we will discuss the role that your child’s preference will play in determining which parent will be named as their primary caretaker.
Until then, if you have any questions about the material that we have covered today please do not hesitate to contact the Law Office of Bryan Fagan. We handle family law cases from across southeast Texas and do so with a great deal of pride. It is our pleasure to be able to sit with you in a free-of-charge consultation six days a week. These consultations are a great opportunity to ask questions and have your specific issues addressed by one of our attorneys.
We serve on behalf of members of our community- people just like you. Across the courts of southeast Texas, we have earned a reputation for putting our clients first and working tirelessly to help achieve the goals of our clients. We would love to hear from you and appreciate you spending some time with us today.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
