No Gender Bias Allowed
The Texas Family Code is clear that there can be no gender bias. There is no preference in the law for either mother or father. It is not necessary to prove that the mother is unfit before the father can be considered for the position of primary caregiver. Mom does not start out ahead. The law requires the judge or jury to do what is in the child’s best interest without regard to gender.
The Judge Has Great Discretion
The law allows a judge great discretion if the parents cannot agree and the Judge must make the decision. Occasionally, this can lead to the perception that the Judge has favored a parent based on gender. This is rare. Most judges in Harris County and Montgomery County do not presuppose that either a mother or a father is better at raising a child.