Is Texas a mother or father state?
Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. However, it is important to understand the law when it comes to courts and the discretion the court has when determining child custody.
According to Connatser Family Law Attorney Abby Gregory, “While there isn't any pending pro-dad legislation in Texas, the trend toward dads getting more custody is on the rise here.
You may have heard that it is impossible to have 50/50 custody in Texas or that fathers have no chance of getting equal custody of their kids. This is not true. Texas law explicitly states that courts cannot discriminate based on sex when making a custody decision.
When a court legally determines that a man is the father of a child, the Texas Family Code gives that father rights and duties including the right to have physical possession of the child and to direct his or her moral and religious training.
The best interest of the child is paramount, and the presumption in Texas is that a standard or expanded standard possession schedule—where the parents share custody of the child—is in the best interest of the child. The age of the child may also play a role in who gets the kids in a divorce.
The state of Texas refers to full custody—or sole custody—as sole managing conservatorship. Again, there are very limited circumstances where a judge will agree to grant one parent sole custody in Texas but it is possible. In addition, sole managing conservatorship may not be necessary depending on your goals.
The most common 50/50 possession schedules in Tarrant County, Texas include: Every other week: Child spends one week with mom, one week with dad, repeat. Thursday through Sunday: Parents exchange the child on Thursdays and Sundays, with some choosing to alternate who has weekdays and weekends.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...
Full Custody As A Father
While 50-50 joint custody is a strong trend, fathers getting full custody can be another matter. But it isn't unheard of for a father in Texas to be awarded full custody of his child or children. Of course, if the child's mother has abandoned him or her, getting custody would be simple.
Is child support mandatory in Texas?
In the event that the obligor fails to pay their portion of child support either in full or at all, then the court may need to enforce the child support order. Enforcement of an order is a serious legal matter. Parties that fail to comply with a court order may be held in contempt and face legal consequences.
Most often, when people say “full custody” they mean who the children live with during the school week, which is referred to as “primary” in Texas. Sometimes though people use “full custody” as meaning the other parent relinquishing or terminating their parental rights.
Current Texas custody laws
The state courts default to a 75/25 custody split when parents divorce under the so-called standard possession order.
Generally, the way custody is decided in Texas is that the court will look at which parent has been doing those things most of the time, and unless there is a good reason to do otherwise, that parent will be made the primary conservator of the child.
Under Texas child custody laws, when moving out of state, the parent who is primary must usually get the other parent's consent if they want to take the child with them. If they do not obtain consent, they must petition the court to request permission to move out of state.