In a previous blog post we discussed how the marriage status of parents who share children together can sometimes complicate child custody issues. Typically, most states adhere to the practice of granting sole physical custody of children to their mothers in situations where the parents are unmarried. An unwed father can often experience difficulty in wresting custody away from the children's mother in most circumstances. However, Texas Family Code section 153.003 makes it clear that the court is not supposed to discriminate against either party based on sex or marital status.
This anti-discrimination policy applies to decisions involving which party the court should choose in its appointment of conservatorship and possession of children. In other words, since 1995 Texas courts have been directed to base their decisions on which party is most likely to look after the best interests of the children rather than the sex of the parents or whether they are married or single.
In either case it is also important to know that Texas laws favor having parents involved in their children's lives in consistent and ongoing relationships. Because of that, a father who has not been granted custody of his children will nonetheless have priority in visitation rights over other relatives and foster parents.
As you might imagine, some of the issues surrounding complex child custody cases which can arise during disputes can be rather tricky to navigate. Our law firm would like you to have an experienced attorney on your side to advocate forcefully for your child custody and visitation rights. We offer free initial consultations and represent clients throughout the Houston Metro area, in addition to Harris, Fort Bend and Brazoria counties.
We stand ready to provide you with our knowledgeable representation whether you are seeking to gain sole custody of your children, or simply wanting to expand your current visitation rights.