M. J. Hill & Associates, PLLC
Call Us Today To Schedule An Appointment 512-212-4916 Search

Awarding joint child custody

Fathers in Texas who wanted shared child custody after a divorce were typically disappointed for the most part of the 20th century because family courts tended to favor the mothers when awarding child custody. However, during the last three decades, there has been a marked difference in how the courts have been handling child custody: It has become increasingly common for the family courts to encourage or even insist on mutual agreements that include shared custody.

Legal custody gives parents autonomy over the decisions made about their children's education, healthcare, religion and any other part of their well-being. Residential or physical custody is determined by where the children reside at night.

While divorce laws vary from state to state, the family courts deciding custody cases generally begin by considering joint legal custody and are willing to also consider joint residential custody. Because it can be very difficult to divide residential custody in equal halves, as working parents are likely to find it logistically impossible transferring the children back and forth during the school week, mothers are often still favored when family courts award shared residential custody.

Since the 1980s, the amount of time fathers can spend with their children after separation has undergone a significant change. One 2014 study found that in 1980, mothers in one state were awarded sole custody of the kids in 80 percent of the divorce cases reviewed; that rate had fallen to 42 percent by 2008.

An attorney who practices family law may assist parents with obtaining their desired child custody and visitation settlement terms during a divorce. The attorney may litigate to ensure that clients have sufficient access to their children.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Have Questions? Email Us.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


Contact Us

San Marcos Office
501 Broadway
Suite A
San Marcos, TX 78666

Phone: 512-212-4916
Fax: 866-506-2440
San Marcos Office Location

San Marcos Office
P.O. Box 1296
San Marcos, TX 78667