Do Texas Courts Rule In Favor More For Mothers?  - Bineham & Gillen

custodyDo Texas Courts Rule In Favor More For Mothers? 

August 26, 2021by James Gillen

If you’re a parent heading towards a child custody battle with your spouse or ex-spouse, you may be wondering what your chances are of winning custody, especially if you’re a father. There’s already enough to worry about for parents when it comes to a custody battle — the last thing you want to think is that the court will favor the mother regardless of the circumstances. But the idea that the court always favors the mother when it comes to child custody is partially a myth, and the skilled family lawyers from Bineham & Gillen are here to explain the truth.

Texas Family Code

Texas family code does not favor mothers in custody battles. In fact, it prohibits the consideration of sex during the process of determining child custody. This means that the judge is not allowed to show bias towards mothers or fathers — great news for a father fighting for custody of his child.

Why Do Women Win Custody More Often?

Despite there being no legal grounds for favoring mothers in custody battles, only 33% of fathers win custody of their children. But why is this? There’s one main reason:

In child custody court, the judge considers a variety of factors, including the physical and emotional needs of the child, stability of the home, cooperation between parents and more. But one of the main considerations is which parent is already the main caregiver for the child. This heavily determines the outcome of both shared and sole custody cases because it will most likely provide the easiest transition for both the parent and the child. 

In a household with traditional social roles, the mother is the caretaker and the father is the provider. While modern households often hybridize these roles and even sometimes reverse them, mothers still take on the majority of the caregiving workload in most households. This means that courts are more likely to grant custody to the mothers in the interest of keeping the child with its primary caregiver. The younger the child is, the more often this holds true.

Winning Custody As A Father

Even though fathers only gain custody one-third of the time in Texas, fathers fighting for child custody should keep their hopes up. In situations where the father can provide the most stable home, best provide for the child’s emotional and physical needs and act as the primary caregiver, there’s a good chance that they will be granted custody. Furthermore, fathers can trust that the court won’t grant custody of their child to an unfit mother simply because she is the mother.

Fighting For Your Child’s Best Interests

In the end, the most important factor in a child custody case is the wellbeing of the child. Too often, fathers don’t pursue custody of their children because they don’t think they have a chance in court. But if you are a father who believes that having sole or shared custody of your child is in their best interest, Bineham & Gillen are here to help. Our team of the best family law lawyers in San Antonio will advocate for you and help you find the best solution for your child.

Contact us today if you’re filing for custody and divorce.