Skip to Content

Are You a Father? Don’t Make This Common Mistake!

Father and kid

Are you a father who is on the road to divorce? You may be concerned about conservatorship of your children, and it may be in your children’s best interest for you to have primary custody of your children. If receiving a limited schedule would harm your children’s interests, you don’t necessarily have to accept it. In fact, you may be able to pursue a joint custody arrangement, one in which you are the primary conservator and have the exclusive right to choose the primary residence of the children.

If you’re thinking to yourself, “That will never happen because mothers always get the kids,” that is not necessarily true. The Texas Family Code requires that the gender of each parent does not play a role in the judge’s decision.

One Reason Custody Has Changed

“Why has there been sweeping changes in child custody?” While we can’t speak on every reason, we can say that the shift with women in the workforce has been a major factor. With so many mothers working as much, if not more than their husbands, it’s changed the child custody landscape. Not only are more children being cared for by childcare providers and nannies, but we are seeing more stay-at-home fathers than ever before.

In a recent Forbes article, Jack Kelly, a senior contributor, wrote, “Buried deep in the U.S. government’s December jobs report was an interesting piece of data—women hold more jobs than men, occupying 50.04% of positions.” Adding, “According to the U.S. Bureau of Labor Statistics, there are now 109,000 more women working than men. It's believed by experts that this trend will continue and gain more momentum as the number of working women increases, while the amount of men in the workforce declines.”

The ultimate determining factor in who will be the primary caretaker for your children should not be gender, but what would be the best longterm solution for the children. Parents, whether mothers or fathers, are welcome to contact our firm and meet with one of our attorneys to fully explore your custody options.