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.
Dad’s Traditional Role
Brian McNamara has represented both mothers and fathers in cases about who should primarily care for the child or children. The biggest obstacle that many dads face is simply the traditional role of dad in the family. If Dad is usually at work twelve hours a day that often leaves Mom to be the one who picks the kids up from school, takes them to extracurricular activities, medical appointments, etc. A Judge is likely to try to keep the disruption for the children to a minimum. Without good legal advice and comprehensive trial preparation, this can result in Mom being chosen as the primary custodial parent.
Obviously, there is a countless variety of factors that can affect the way a court deals with the children and how much time they spend with their mother and their father. For advice about your specific situation contact McNamara Law Office for a consultation.
Many people incorrectly assume that the mother will automatically have primary possession or custody of the children. The law provides no such assumption, and Mr. McNamara’s experience is that fathers often give up too easily or assume that the only option is to become a “weekend dad.” Such assumptions are wrong, both in the law and in everyday experience. Before a man accepts less time with his children than he believes is best for them, he must consult an experienced family law attorney. Brian McNamara has experience dealing with these issues in Harris and Montgomery Counties, both in negotiation and in court.
Brian McNamara Is Experienced And Understands The Issues From All Perspectives
For more information or to schedule an appointment with an experienced divorce lawyer and family law attorney, contact McNamara Law Office now. Brian McNamara offers initial divorce and family law consultations at a reduced fee.
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