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Law Office of Rebecca Gonzalez, P.C.
210-368-2608
  • Home
  • About
    • Rebecca Anne Gonzalez
  • Practice Areas
    • Family Law
    • Divorce
    • Personal Injury
  • Articles
  • Video Center
  • Blog
  • Contact

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Rebecca Gonzalez

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  5. Do mothers get priority in a custody case in Texas?

Do mothers get priority in a custody case in Texas?

On Behalf of Law Office of Rebecca Gonzalez, P.C. | Apr 6, 2021 | Child Custody and Support

For many years, there was a reasonable expectation that mothers would receive custody if they went to court during a divorce. There were a few reasons for this, such as the fact that most women did not work in the past and that they were the primary caretakers.

Today, this is no longer the case. Women are not always at home with their children while their husbands go off to work. Sometimes, there are stay-at-home fathers. Additionally, the idea that a woman is always a better caretaker has been challenged, and both parents are seen as equals in the eyes of the court.

Do mothers ever lose custody?

Women can lose custody, just like men can. The fact is that both parents have to show that they are respectful and responsible. If a woman fails to do this, then they could lose custody or even have visitation rights taken away from them.

According to some research, when fathers claimed that a mother was alienating their children against them, the mothers lost custody in 44% of cases. In reverse, custody was taken from fathers only 28% of the time.

What can you do to get fair custody when you’re divorcing?

If you want the best chance to get the amount of custody that you are interested in, then you should talk to the other parent and try to set up a fair custody plan. For most people, this is the most effective way to set up a plan that both parties approve of.

If you do have to go to court for custody, you will want to have strong evidence of your role in your children’s lives. Make sure that you have witness statements, photographs and other documents that show that you play an active role in their lives. If you are trying to prove that the other parent should not have custody, make sure to have documentation to back up any claim you make against them.

Your attorney will go over the specific documents that you should have if you want to make a claim against the other parent. Otherwise, they can help you build a case to keep custody and the visitation rights you need.

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