Texas law does not necessarily favor mothers in child custody cases. Instead, courts evaluate each parent’s ability to meet the child’s physical and emotional needs and provide a stable environment. Custody arrangements (called ‘possession and access’ under Texas law) are based on the best interests of the child. Often, this results in either a 50/50 split between mother and father, or the standard possession schedule of every other weekend and one weeknight per week for the non-custodial parent.
Texas courts tend to make custody decisions that favor joint managing conservatorship, unless there is a good reason to consider a different custody arrangement, such as substance abuse or a history of domestic violence. That being said, if you’re the father seeking primary custody of your child, you’ll need to build a strong case in your favor and follow the advice of your Frisco divorce attorneys.
How Texas courts determine the child’s best interests
The court’s primary consideration is what is best for the child. If the parents share possession (Texas uses “possession” and “access” instead of “custody” and “visitation”) of the child, they must each demonstrate their ability to provide a stable and consistent environment for the child. This includes a clean home with food, a stable living situation, and the capability to meet the child’s physical and emotional needs.
Family law courts also consider how consistently each parent participates in their child’s daily life. If one parent is less involved—for example, rarely attending school events, appointments, or extracurricular activities—it could influence the court’s view of who provides more day-to-day stability. However, this alone won’t determine custody.
Parental behavior is important, too. For example, a parent who interferes with the other parent’s relationship with the child or violates a court order may face consequences. Or, a parent with substance abuse problems, who isn’t actively seeking help, may not be granted overnight possession of the child.
How a lawyer can help you make your case for primary custody
Texas courts usually grant joint managing conservatorship unless one parent can show why they should be the sole managing conservator. Joint conservatorship means both parents retain legal authority over important decisions such as healthcare, education, and religious upbringing. Sole managing conservatorship gives that authority to one parent alone.
An experienced family law attorney can help you demonstrate that you are stable and actively involved in your child’s life. Attending school conferences and doctors’ appointments, all while maintaining a secure living environment, can strengthen your position in court.
Your attorney can also help you gather the documentation needed to support your case, including school records, housing proof, employment information, and evidence of community involvement. For example, if you mostly work nights and your child is young, the court may consider how your schedule affects your ability to provide consistent care.
Speak with Albin Oldner Law about your custody case
At Albin Oldner Law, we regularly help parents across North Texas achieve custody arrangements that reflect their child’s best interests. If you’re concerned about your child’s safety with the other parent or want to modify an existing order, our attorneys can help you take the right legal steps.
Contact Albin Oldner Law today at (214) 423-5100 or contact us online to schedule a confidential consultation.
