Fathers used to get the short end of the stick during child custody battles. Courts assumed that mothers are the more critical half for raising children and named the mothers the sole managing conservator.
However, in recent decades Texas changed its custody laws. According to Family Code Ch. 153 Sec. 153.003. the court does not consider either party’s sex or marital status when determining the conservator.
A joint conservatorship is the most common
Do not expect to earn sole custody in most cases, though. The likely outcome in most cases is a joint conservator arrangement, with the children spending time living at both parents’ homes. If you want to be the sole conservator of your children, you need to prove to the court that your spouse has a history of sexual abuse, domestic violence or neglect. Otherwise, if the court determines that awarding joint conservatorship does not endanger the child or impede their best interests, you can expect to share parenting time with your spouse.
Work with your spouse if possible
If you are on good terms with your spouse, you can create a parenting plan together that allows you to have a say in how you raise your child. Creating a parenting plan is a good idea because it gives you a better chance of having an active role in your children’s lives. The key to a successful child custody arrangement is active engagement from the start of the process.
Even after a difficult divorce, you do not have to worry about spending enough time with your children. Voice your concerns about parenting time, and courts legally have to consider you as an equal parent.