Family law courts in Texas base their decisions about parenting time on the children’s best interests; the parent’s gender is not a factor in determining which parent is the primary residential parent.
One of the most distressing things that can happen during a divorce case is when your ex threatens to take away your children. The most vicious divorce battles tend to occur when not only money is at stake, but also the parents’ relationships with their children. The good news is that child custody is not a zero-sum game; both parents get custody of the children. A parenting plan does not award the children to just one parent. Rather, the parenting plan indicates which parent gets the children on which days of the year; some families split the parenting time equally between the parents. The Fort Worthchild custody lawyers at the Law Office of Kyle Whitaker can help you formalize a parenting plan that promotes a stable relationship between you and your children.
How the Courts Determine the Child’s Best Interest
Some couples agree on a parenting plan on their own, and then the judge signs off on it; for some families, it is an obvious choice where the children should live during the school week because of the parents’ work schedules, living arrangements with stepfamilies, or some other factor. If the parents cannot reach an agreement, then the court decides. When this happens, the only thing that matters is the child’s best interest. Courts consider the following factors in determining the child’s best interest:
- Which parent has been the children’s primary caregiver thus far
- Each parent’s ability to provide adequate supervision, discipline, and medical care for the children
- Whether either parent has a history of physically or emotionally abusing the children
- The child’s age and medical and educational needs
- The extended family support available when the child is with each parent
- The extent to which each parent encourages the child’s relationship with the other parent
- The child’s preference (for teens above the age of 12)
In other words, the courts prioritize the children’s safety and stability.
Gender is Not a Factor in Child Custody Decisions
Courts consider many things in determining the child’s best interest, but the parent’s gender is not one of them. The courts assume, unless there is strong evidence to the contrary, that it is in the child’s best interest for both parents to have ample unsupervised parenting time. The court does not always award primary custody of babies to Mom, nor does it always award primary custody of teen boys to Dad. Do not assume that just because you are a man, or just because you are the mother of a teenage son, the court will assume that your ex-spouse deserves more parenting time than you do. If the court has shortchanged you on parenting time, your family law attorney can help you petition the court to modify your parenting plan.
Contact the Law Office of Kyle Whitaker About Child Custody Disputes
If your ex-spouse or the judge in your divorce case is using your gender against you, you need a family law attorney. Contact the Law Office of Kyle Whitaker in Fort Worth, Texas, to discuss your case.