Many individuals who call my office often ask whether there is a presumption that mothers rather than fathers should be awarded custody of a child. While this may have been true in the far distant past, there is no longer any such presumption.
When making an award of custody to either a mother or a father, the court will make its determination based upon what it believes to be in the best interest of the child. In the leading case of Holley vs. Adams, 544 S.W.2d 371(Tex. 1976), the Supreme Court of Texas set out a list of factors that the court should consider when making a determination as to whom the court should award custody. Some of the factors include the following:
a. To what extent each parent has been involved in the child’s life
b. The emotional needs and condition of the child
c. Whether a parent poses a threat to the child or has a criminal record
d. Which parent has a history of acting as the child’s primary caregiver
e. What plans a parent has for a child’s future
f. Whether one parent has attempted to turn a child against the other parent
g. The involvement of a parent in the child’s education
h. The overall quality of a household and a parent’s fitness to raise a child
As can be seen, all of the factors above are gender neutral. In addition, the above factors have now been codified in Section 153.003 of the Texas Family Code which specifically states that the court cannot consider the gender of either parent when making decisions regarding custody.
For more information, please visit our website at http://www.meganrachel.com or call our office at 972-424-6069.
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