Are Mothers Favored Over Fathers in a Texas Divorce?

Dad with kid

As a father who is about to divorce, it’s perfectly understandable to wonder about your parental rights. You’ve also probably heard one horror story after another about fathers who have experienced bias when it comes to custody. The good news for you is that in Texas, fathers have the exact same parental rights in the eyes of the law. We would, however, advise that you hire an experienced divorce attorney to make sure your rights are protected.

Do fathers actually have the same rights as mothers in Texas?

Yes, they do. But you might be wondering why the raw numbers show that mothers still get more custody of their children over fathers. It’s important to know this is not because of anything that happens in the courtroom. Parents typically work out a custody agreement they feel comfortable with long before anyone sees the inside of a courtroom. In fact, that happens in 90% of cases. It is pretty common for a judge to simply honor those agreements.

So why are mothers still getting more parenting time? Despite the fact that more women work full-time jobs than ever before, women often slate into the primary caregiver role.

What are some of the reasons a mother might get more parenting time?

There are a few reasons why a court may grant a child’s mother as the managing conservator. 

Those reasons include:

  • The father left the home during the separation or divorce

  • The child or children have stated their preference

  • The mother has taken on more of the responsibility when it comes to parenting tasks

Fathers and parenting time: why it has increased

You might be wondering what’s changed. Why now? It’s undeniable to see that fathers across the board are starting to receive more parenting time than ever before. Whether that’s reflected in equal time to the mothers or more time, it has increased nonetheless. The primary reason for this is that frankly, fathers do want to spend time with their children. Additionally, since the early 2000s, father advocacy groups have worked to even the playing field when it comes to parental custody. Basically, they were advocating for the presumption that fathers spend equal amounts of time with their children as their partner. 

Are you preparing for a custody dispute in Texas? We’ve got your back. Schedule your consultation today.