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Will my spouse get more custody over our kids?

On Behalf of | Apr 28, 2023 | Child Custody

When you are in the midst of a divorce, it can feel like you are constantly struggling to reach a fair outcome on every matter. Child custody is likely to be your primary concern as a parent going through a divorce, but it is also the part that can seem the most unfair.

As the divorce process continues, it might become apparent that the court is likely to favor your spouse over you on matters of child custody. This is likely to raise a couple of key questions regarding whether or not your soon-to-be ex will have more custody rights in the end.

Is it fair for one spouse to have more custody over the kids?

Child custody in Texas is rarely a 50/50 arrangement. In the vast majority of child custody cases, the court will rule in favor of one parent as the primary custodian based upon their ability to provide for the children and the children’s best interests overall. Keep in mind that the Texas courts cannot discriminate based on gender when determining child custody, meaning that either the mother or father has an equal chance at being the primary guardian.

How can I reach a fair custody arrangement?

Choosing to resolve matters through mediation rather than standard courtroom litigation will give you a chance at a more equal arrangement if your soon-to-be ex-spouse is willing to reach a compromise. Otherwise, Texas parenting arrangements adhere to a 50 miles apart or less rule that provides the noncustodial parent with more parental options if they live in close proximity to the family.

Even if you are not the primary custodian of your children, remember that you will retain strong decision-making power as a parent. You have options for advocating for your rights and for determining your children’s upbringing.


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