More women may be out in the workforce and more men may be opting to stay home with their children, but the truth is that society hasn’t completely accepted the idea of males as caregivers. If you are a father who wants custody of your children as well as child support, you’ll need to have a compelling argument regarding why the court should take your side.
In Texas, the law encourages the court to award both parents with joint custody. But judges in individual child custody cases look at a number of different factors when considering which parent should receive the conservatorship of the child. These can include:
- the child’s age
- the child’s preference in cases where he or she is 12 or more years old
- the age, health and character of each individual parent
- the relationship each parent has with child
- the nature and extent of each parent’s involvement with the child
- the ability each parent has to provide for the child
- evidence of child abuse
Of course, the main question courts will ask is “what’s in the best interest of the child?” Fortunately, none of these factors favors either parent. Best of all, the Texans Equal Rights Amendment which went into effect in 1973 specifically states that courts must look at the qualifications of the parent and not the sex when determining custody.
Statistically, men who ask for sole custody of a child in a divorce will now receive it at least 50% of the time. So the odds of you becoming your child’s conservator are equal to those of the child’s mother. The attorneys at The Barrera Law Firm are experts in the field of divorce law. We will defend your rights as a father. Contact us today for a free initial consultation.