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What are custody issues mothers face?

Whether we like to talk about it or not, mothers and fathers oftentimes face different challenges and issues within child custody cases. It's true that the Texas family code states that judges cannot determine is she's related to children based on the gender of either parent but it still remains the case that men in women In the family typically fulfilled different rules in that it is fair to say many if not most mothers may have similar issues to concern themselves with in 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 of their children. For that reason, I wanted to emphasize their role within 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 when it comes to 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 to. 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 end result of cases maybe 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 end result of child custody cases maybe this way but there are reasons for these sort of outcomes.

The most important reason that I can think of 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 on a consistent basis. 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 conservator 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 sort of 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 it is simply because courts wish to maintain consistency and stability in the home.

Child support payments, and the right to receive child support payments, are part and parcel with being named as the primary conservator of children. If you are named as the primary conservative are children, It follows that 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 the course of time. 

Hopefully the introduction to today's blog post as provide you with some information and context regarding why it is that mothers seemed to be coming out ahead in these child custody and divorce scenarios as far as conservatorships in custody is 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 the lives of your children. 

Discussing mother’s issues in Texas family law cases (without generalizing)

if you are at all familiar with avoid posts on our website then you will know that I will oftentimes 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 yourselves with. as a result, your family law case will look much different than 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 be able to 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 be able to 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 ensuring that they are able to be named as primary conservator of their children. A primary conservator is able to determine the primary residence of their children, 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 due to the fact that most mothers take on these responsibilities long before the family law cases 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 as well as other circumstances when making determinations on primary conservatorships. However, what a judge ultimately is going to look at in your case is whether or not it is in your children's best interest that you be named as their primary conservator. 

Joint Managing Conservatorships

Becoming a primary conservator means that you will be entering into a joint managing conservatorship along with your co-parent in regard to your children. This means that you and your and your co-parent will share most of the rights and duties in relation to 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 in the case to discuss what are the most important rights and duties that parents have in relation to their children. Once you have determined those areas that will be in play during your case you should determine what you think is in the best interest of your children 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 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 come up with a plan for negotiating in these areas during the case itself. 

Joint managing conservatorship's mean 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 end up having 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 be in possession of the children Something like 46% of the year. Obviously, you and your co-parent are able to 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 as 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 that you will have is to be able 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 office of the attorney general. 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, then it is possible that you have concerns over being able to make ends meet during the weeks and months following your divorce. At its core, child support is a calculation based off of your husbands 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 that is contained 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 suffers from a disability that requires a great deal of medical care then a higher-level child support may be deserved. in that case, you need to speak with your attorney about your concerns over child support so that that becomes a topic of negotiation early and often within your case. otherwise, you may find that your spouse is unwilling to consider an increase level child support 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 is being able to 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 contained 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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