Divorce can be a difficult and emotionally taxing process even for childless couples, but the addition of kids can turn a separation or divorce into a nightmare. For a long time, courts tended to follow the social presumption that children belonged with their mothers and that mothers should retain custody as part of her role as primary caregiver. Even if a mother had serious problems of her own, courts favored mothers while forcing fathers to shoulder the financial responsibilities without enjoying direct participation in their kids’ lives.
This changed in 1972 with the adoption of the Equal Rights Amendment, which required Texas to officially remove the sex of the parent from consideration when deciding child custody during a divorce. The law requires that a Texas family law court consider the parents’ qualifications without regard to the parents’ sex. This change reflected the social reality that modern working couples often share childrearing responsibilities equally, and fathers play a much larger role in their children’s lives than merely being the breadwinner. The end of the marriage does not require that a man lose his parental privileges and responsibilities.
When deciding who will retain custody of the children, Texas courts place a great deal of weight on agreements between the parting spouses. It is in your best interests to agree to a custody plan with your spouse. Consulting a Houston divorce lawyer will help ensure that any such agreement reflects your desire to stay involved in your child’s life. If you cannot reach an amiable agreement, consulting legal counsel who appreciates fathers’ rights is important.
A Texas family law court will either appoint one parent as the Sole Managing Conservator and the other as the Possessory Conservator, or appoint both parents as Joint Managing Conservators. A Sole Managing Conservator has more rights, powers, privileges and duties than the Possessory Conservator, and they do retain direct control of the children. Joint Managing Conservators, on the other hand, share the rights, privileges, duties and powers of a parent equally between them. This can often be better for the long-term interests of the child or children.
Texas has a presumption in favor of this type of custody agreement, but it is often a difficult fight to decide the particulars. Often, the divorce has been contentious, and the former spouses must put aside their differences to come to an equitable solution. Even in a joint custody agreement, the father’s right to an ongoing relationship with his children requires legal protection. Contacting a Houston divorce attorney can help you make sure that you maintain your role as a father as you navigate the daunting issues like child custody, child support, separation agreements and visitation.
