Child Custody

There’s a lot of misinformation floating around out there about how child custody arrangements work. This can create unnecessary anxiety for parents, so we’re here to dispel the myths, starting with these:

• The Magic Age Myth: If your child is under 18, they are not given full decision-making power to choose where or with whom they will live. Many believe that once a child is 12 or older, they can choose one parent or the other, but, in the state of Texas, primary custody is still a judge’s decision. However, be advised that a judge may choose to privately interview a 12-year-old or teenage child about their preferences and relationships with both parents if it is relevant or necessary in your case.
• The Zero Sum Game Myth: Many parents go toe-to-toe in family court and fight to be the custodial parent. However, just because a child spends the majority of their time living with one parent does not mean the other parent is automatically relegated to the back-seat in terms of importance or influence in that child’s life. Child custody agreements exist in part to provide a parenting arrangement that fosters stability for the child while allowing them to spend a healthy amount of time with both parents, if possible.
• The Mom-Always-Wins Myth: If you are a father vying for custody of your child, fear not. Courts often name mothers as the primary/custodial parent, especially when young children are involved, but this doesn’t mean fathers cannot be given a fair chance to make their case and prove that they are fit to nurture and provide for their children after divorce.