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.
Mothers Face Unique Issues In Divorce
The issues faced by mothers in divorce differ from those faced by fathers. Sometimes, a woman will have such fear of “losing the children” that she will allow herself to be manipulated by the husband in negotiations. Occasionally, a father will seek primary custody or conservatorship of the children so that he can negotiate for more of the property. For example, he will offer to withdraw his request for primary custody if wife agrees not to seek any portion of his retirement.
A Kingwood Houston Lawyer With Experience
Brian McNamara has experience representing women in this situation. He understands that fear of losing the children can be almost paralyzing. He and his staff are patient and understanding in such situations while also explaining that judges are adept at understanding this scenario. A mother should not allow herself to be manipulated with threats.
Do Not Be Guided By Fear
Occasionally, a mother will think that she is prohibited from seeking primary custody because her income will not support a family. Mr. McNamara has seen this argument in court and has seen the judge fix the problem quickly and efficiently with child support. It is unwise for a dad to base his request for primary conservatorship solely on his stronger financial position. Children need more than money, and that is the easiest thing to transfer from one parent to another. Parental judgment, love, and a healthy relationship with the children cannot be created or transferred between parents.
Before you make any assumptions about your children, the law, or the options available you should speak with an experienced family law attorney. Do not allow fear or an incomplete understanding of the law to force you to accept what is not in your children’s best interest.
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.