Whether we like to talk about it or not, mothers and fathers oftentimes face different challenges and issues within child custody cases. The Texas family code indeed states that judges cannot determine if she's related to children based on the gender of either parent. However, it remains the case that men in women In the family typically fulfilled different rules. It is fair to say many if not most mothers may have similar issues to concern themselves within family law cases compared to fathers. While it's true that many of the issues we will discuss today also apply to fathers, I think it is important to note that women often find themselves in a divorce or child custody case with greater day-to-day responsibility for their children. For that reason, I wanted to emphasize their role in child custody cases.
For starters, I would like to discuss a popular misconception about child custody cases in Texas. From my experience, that misconception goes something like this: mothers always get a superior result out of family court judges regarding a divorce or child custody case. Mothers always are named as the primary concern for their children. Mothers always receive child support and, most likely, alimony. Fathers are left paying for their children in ex-wives to live a lifestyle to which they become accustomed. I'm willing to bet that if you stop five people on the street and ask them what their thoughts are on the divorce or child custody process, at least one or two will tell you that this is the likely outcome.
Let's begin by dispelling this rumor. Fathers do not automatically start behind mothers when it comes to child custody issues. The result of cases may be that mothers are named primary conservators more often and, therefore, when the right to receive child support from husbands. However, that is not a feature of Texas family law cases. The result of child custody cases, maybe this way, but there are reasons for these sorts of outcomes.
The most important reason why mothers are often named as the primary conservator of their children after a divorce or child custody case is that they are typically the parent who cares for their children consistently. That's not to say that you, as a father, are not involved in the day-to-day lives of your children. What it does mean is that men typically work more and earn more money than women. This is true despite women having made gains in the workplace over the past generation. On the whole, if you had to guess which parents will be at home with the kids after school, it is likely to be the mother in Alpha father.
This is why mothers tend to be named as primary conservators for other children. It is not because mothers are better parents. It is not because mothers’ value being at home more than fathers do. While there may be some sociological or biological issues at work, all I can tell you is that more often than not, family law courts are more willing to maintain the status quo in terms of having mom be named primary conservator. It is not because fathers aren't good parents; they simply wish to maintain consistency and stability in the home.
Child support payments, and the right to receive child support payments, are part and parcel of being named the primary conservator of children. If you are named the primary conservative are children, you will also have the right to receive child support on behalf of your kids. Again, this has little to do with who is the mother and who is the father but more to do with which parent has fulfilled the different responsibilities in the home over time.
Hopefully, the introduction to Today's blog provides ding you with some information and context regarding why mothers seemed to be coming out ahead in these child custody and divorce scenarios as far as conservatorships in custardy are concerned. If you are a father reading this blog post I want, you to understand that you are not resigned to taking a backseat to your wife when it comes to playing an active and involved role in your children's lives.
Discussing mother’s issues in Texas family law cases (without generalizing)
if you are at all familiar with avoiding posts on our website, you will know that I will often tell people that there are no two child custody or divorce cases that are exactly alike. Your case will differ from that of your neighbors and from that of the family across town. It doesn't matter if you work the same job as another person or have the same number of kids as another family. What matters is that all of you have different familial circumstances to concern yourself with. as a result, your family law case will look much different from any other person’s.
With that said, I would like to share with you some issues regarding divorce and child custody cases that mothers tend to face with some regularity. Obviously, I would not write this blog post if I did not generalize at least a little bit. However, I think that many of your mothers who are reading this blog post will get something practical out of the writing In this blog post.
I think the number one issue for most mothers as they begin a Texas family law case is to ensure that they can be named a primary conservator of their children. A primary conservator can determine their children's primary residence, receive child support payments, and make educational, medical, and psychological decisions on behalf of their children, with their coherent. It is difficult for me to think of a single case that I've worked on in my time as a family law attorney, or the mother did not want to have these responsibilities and rights.
As I mentioned in the earlier section of today's blog post, I think this is because most mothers take on these responsibilities long before the family law cases are ever filed. As a result, there are practical, emotional, familial, and other reasons why mothers seek to continue to be the primary concern for other kids. A judge will look to the history of the family and other circumstances when making determinations on primary conservatorships. However, what a judge ultimately will look at in your case is whether or not it is in your children's best interest that you be named their primary conservator.
Joint Managing Conservatorships
Becoming a primary conservator means that you will be entering into a joint managing conservatorship and your co-parent regarding your children. This means that you and your co-parent will share most of the rights and duties of your children. This means that you and your co-parent will be working together to make decisions on behalf of your children. Ultimately what this means is that you all will have to work together and find common ground when it comes to the important areas of your child's life. You may be able to hold some independent rights and duties to make decisions for your children, but those are few and far between.
I would recommend speaking with your attorney early on to discuss the most important rights and duties that parents have about their children. Once you have determined those areas that will be in play during your case, you should determine what you think is in your children's best interest as far as you and your co-parent sharing those rights and duties. Your individual circumstances may lead you to believe that, for example, you should have the final say-so when it comes to any non-emergency medical procedures. It is better to arrive at this decision early in your case rather than scramble to develop a plan for negotiating in these areas during the case itself.
Joint managing conservatorship means that you will likely be sharing time with your kids closer to a 50/50 split than you may have imagined. Just because the children lived with you during the school week does not mean that you will have the children the vast majority of the year. He may feel like that during a long and slow school year, but the reality is that a standard possession order allows the non-primary parent to have the children, Something like 46% of the year. Obviously, you and your co-parent can negotiate changes to these agreements on the fly, but, on the whole, a standard possession order allows for very close to 50/50 possession.
Child support is an issue within a Texas family law case
The final issue that I wanted to discuss in today's blog post is that of child support. If you are named as the primary conservator of your children, one of the important rights you will have is to receive child support for your kids. Typically speaking, child support is received at the beginning of the month and is paid to you through the child support division of the attorney general's office. Payments are withheld from your co-parent’s paycheck and sent to the attorney general for dispersal to you.
If you are getting a divorce from your co-parent, you may have concerns over making ends meet during the weeks and months following your divorce. At its core, child support is a calculation based on your husband's net monthly income multiplied by a certain percentage of that income depending on how many children you have before the court. There is a guideline level of child support table in the Texas family code, which is what many, if not most, divorce and child custody cases base child support on.
However, in your particular case, the circumstances may demand a different level of child support. For example, if your spouse has an unusually high income or if one of your children has a disability that requires a great deal of medical care, then higher-level child support may be deserved. In that case, you need to speak with your attorney about your concerns over child support to become a topic of negotiation early and often within your case. Otherwise, you may find that your spouse is unwilling to consider an increased child support level in mediation. Depending on his feelings on the subject, this may be a topic that leads you to a courtroom even if all the other issues in your case settle.
If you are clear about what your needs are, honest with your spouse about what your expectations are, and communicate well with your attorney, the subject of child support does not have to be one that requires a great deal of argument during the course of your case. A key piece to this discussion can have an experienced family law attorney by your side to help guide you through these issues.
Questions about the material contained in this blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material in this blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about Texas family law and about how our office is best positioned to help you and your family.
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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 important 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 Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles child custody cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.