Although many Texas parents believe that the courts will not grant fathers full custody of their children, this is not the case. While it is true that courts generally prefer for parents to share custody in at least some form, there are situations where the court may decide that it is in the children’s best interests to give sole custody to their fathers.
There are several factors that the courts use to determine which parent may be given full custody of the children. First is paternity. If a father is seeking full custody, he should acknowledge paternity of the children. This may be done by signing the children’s birth certificates when they are born or going through paternity proceedings in court.
The relationships the children have to both the father and the mother are also considered. The father should be prepared to answer questions relating to his relationship with the children, such as any past visitation the father had. The court may also ask questions about the mother’s relationship to the children, especially if the mother has been the primary caregiver in the past. If the father is seeking primary custody because the mother is no longer able to care for the children, the court may ask about any mental illnesses or substance use the mother has.
When parents are going through a child custody battle, some may agree to shared custody. Alternatively, both parents may wish to seek primary custody, especially if the parents are not able to work together. If a parent believes that the other parent is not able to provide proper care for the children, a family law attorney might help the parent seek full custody by providing proof of the other parent’s inability to provide proper care.