Mothers and fathers often face unique challenges during child custody cases. The Texas Family Code prohibits judges from making decisions based on a parent’s gender. However, societal norms often result in different roles for mothers and fathers within families. While some concerns apply to both parents, mothers frequently bear more daily responsibilities for their children, influencing how courts approach custody cases. This article highlights the key factors impacting mothers in Texas family law cases.
Dispelling Misconceptions About Mothers in Custody Cases
Many people assume mothers hold an automatic advantage in custody disputes. These assumptions often suggest that courts consistently name mothers as primary conservators, award them child support, and sometimes grant alimony, leaving fathers with financial burdens. Texas law does not mandate these outcomes. Instead, they usually reflect the dynamics already present in the family.
Why Courts Often Name Mothers as Primary Conservators
Courts often name mothers as primary conservators because they typically manage most day-to-day childcare tasks. Fathers remain involved, but traditional work patterns frequently result in fathers spending more time working outside the home. Courts prioritise stability for children, which often leads to maintaining the existing caregiving arrangement.
Child Support’s Connection to Custody
Courts tie child support to the role of primary conservator. The decision depends less on gender and more on which parent has historically taken the lead in caregiving. Assigning child support ensures financial stability for children, aligning with custody arrangements.
Common Issues Mothers Face in Texas Family Law Cases
Each family law case is unique, but mothers often encounter specific concerns during divorce or custody disputes. One primary focus for most mothers is being named the primary conservator. This role allows them to determine the children’s residence, receive child support, and make key decisions about education, health, and well-being.
Judges Consider Family History and Best Interests
Judges evaluate family history and current circumstances to decide what serves the children’s best interests. Mothers who have consistently provided primary care often have a strong case for retaining this role. However, this isn’t guaranteed and depends on individual circumstances.
Joint Managing Conservatorships
In Texas, a primary conservator typically shares responsibilities with the other parent in a joint managing conservatorship. Both parents work together on major decisions, ensuring collaboration in the children’s upbringing.
Rights and Responsibilities
Some rights may be independent, but most are shared. For instance, deciding on non-emergency medical procedures often requires agreement. It’s important to discuss these responsibilities with your attorney early to identify priorities and establish a strategy.
Time-Sharing and Possession Orders
Joint conservatorship often results in nearly equal time-sharing. A standard possession order may allow the non-primary parent approximately 46% of the year with the children, which can feel close to a 50/50 split.
Understanding Child Support in Texas
Child support is a critical issue in family law cases. The primary conservator typically receives monthly payments managed through the Texas Attorney General’s office. These payments are calculated based on the paying parent’s net monthly income and the number of children involved.
Adjusting Child Support for Special Circumstances
In cases involving high incomes or children with special needs, courts may adjust the standard child support guidelines. Discuss these concerns with your attorney early to ensure they are addressed during negotiations or mediation.
Clear Communication is Key
Being transparent about your financial needs and maintaining open communication with your attorney can help avoid disputes. Addressing child support early can simplify negotiations and reduce potential conflict.
Get Professional Guidance for Your Family Law Case
If you have questions about child custody or divorce cases, the Law Office of Bryan Fagan is here to help. Our experienced family law attorneys offer free consultations six days a week. Contact us in person, over the phone, or via video to learn more about how we can assist you.
eBooks
If you want to know more about what you can do, CLICK the button below to get your FREE E-book:.
Other Articles you may be interested in:
- 12 Texas Custody & Conservatorship Battle Tips
- Child Custody Basics in Texas
- Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
- Child Custody Basics in Texas
- Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce?
- Sole Managing Conservator in a Child Custody Case in Texas?
- Help!! My Ex-Spouse Kidnapped my Child
- How Much Will My Texas Child Custody Case Cost?
- When Can a Minor Child Weigh in on Custody Decisions in Texas?“
- Child Custody Geographic Restrictions in Texas
Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s essential to speak with one of our Houston, TX, child custody lawyers right away to protect your rights.
Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
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.
