Many people believe Texas favors mothers in custody cases. However, the law focuses on what is best for the child, not the parent’s gender. Judges consider several factors before making a decision.
Child custody in Texas
Texas law uses the term “conservatorship” instead of custody. In most cases, both parents share joint managing conservatorship. This means they both have the right to make important decisions for their child.
However, if one parent has a history of domestic violence, substance abuse, or neglect, the court may grant sole managing conservatorship to the other parent. In that case, the other parent becomes a possessory conservator. They still have parental rights but do not have decision-making authority.
Factors courts consider
Judges do not automatically favor one parent over the other. Instead, they weigh factors such as:
- The child’s physical and emotional needs.
- Each parent’s ability to provide a stable home.
- The history of each parent’s involvement in the child’s life.
- Any evidence of abuse or neglect.
- The ability of both parents to communicate and cooperate.
- The child’s preference if they are 12 or older.
Texas law encourages both parents to have a relationship with their child. Even if one parent has primary custody, the other typically receives visitation rights.
Grandparents and third-party custody
In some cases, grandparents can seek visitation rights. They must prove that visitation benefits the child’s emotional well-being. A third party may also receive custody if both parents are unfit to care for the child.
Texas is not a “mother state.” Custody decisions focus on the child’s well-being, not the parent’s gender. Courts look at each parent’s ability to provide a safe, stable, and loving home. If you are involved in a custody dispute, legal advice can help protect your rights and your child’s future.