Is it True That Mother’s Get Primary Custody of Children in a Divorce?

It is no longer accurate to say that mothers are predominantly awarded primary custody instead of father’s during a divorce. The court's primary consideration in child custody cases is the best interests of the child, regardless of gender. In Texas, both parents have equal rights to seek custody of their children, and the court will make decisions based on various factors, including the child's emotional and physical well-being, the parents' ability to care for the child, and the child's relationship with each parent.

What is important for all parents when they are going through a divorce is what role you are prepared to play in your child’s life moving forward. When you are faced with a contested custody battle, what the court is looking for is how the two parents can co-parent and how each can provide a healthy and stable environment for their child. If you were not a big part of your child’s day to day routine, such as getting them up and ready for school, you will need to show that you are willing and able to do that now.

If you would like to speak with us further about child custody, please do not hesitate to contact Deitchle+Simone for further information.