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Home 9 Custody 9 Do mothers always get custody of the kids in a divorce?

You may have heard plenty of stories about divorce – and especially about custody battles. How quickly spouses can turn on each other or how emotional the whole process will be. As a father, you might worry even more about whether you will get custody at all because it’s always the mothers that win anyway, right?

That is not always the case. While it is true that mothers typically get custody of the kids around 80% of the time, it’s primarily because the spouses came to that agreement themselves.

If you genuinely want custody of your children, you have every right to pursue that. In Texas, there are typically two routes for gaining custody:

  1. You and your spouse agree on custody and submit your parenting plan with the court.
  2. You and your spouse do not agree on custody, in which case a judge will decide the custody arrangement.

Fathers who want custody of their kids in a contested case will need to supply sufficient evidence that they can provide a good home and healthy environment. Judges will look at various factors when determining custody, such as:

  • How well you communicate with your spouse
  • The contributions of each spouse to the child’s growth before the divorce
  • How each parent welcomes and encourages the child’s relationship with the other parent
  • The living conditions of each parent and how it may affect the child
  • The wishes of the child

Overall, courts consider what is in the best interests of the child when determining custody. They do not favor one parent over the other, providing fathers with a chance to prove their worth. If you believe you should have custody of your kids, you may want to consider consulting with an experienced custody attorney who can help you through the process.

In the end, you want to give your kids the best life possible, including a home where they feel safe and the love and support of both of their parents. Keeping an amicable and open line of communicating with your spouse will allow you to reach an agreeable solution that ensures you’re not shut out of the custody arrangements. Like this, you may receive the custody that you want while also doing what’s best for your kids.

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