Texas and other states consider movement for joint custody

Fathers in Texas who are seeking joint custody of a child after a divorce might see a change in the way courts make this determination. Whereas in the past, it was nearly automatic that the mother would be granted custody with the father having limited parenting time, that is under increased scrutiny in 2015 as an attempt to balance these decisions is underway.

The idea of shared parenting is garnering more attention as at least 20 states are looking at ways to give fathers a better chance of having joint physical custody with the mothers. The decision to give custody to the mother as a matter of course is often due to ingrained beliefs as to what is in the best interests of the child. The mother is frequently viewed as being better equipped to care for the child whether or not that is, in fact, the reality in individual circumstances.

Since divorce can be such a difficult issue for children to deal with, research indicates that a method to help them adjust to it is to have both parents involved via shared parenting. Numerous states, including Texas, have moved forward with legislation to alter the current way in which parenting time is determined. The Texas law would have courts view equal custody as the presumed order unless circumstances otherwise dictate.

While this movement might be perceived as putting a larger wedge between the parents, it is actually an attempt to help the children after their parents choose to part ways. According to substantial research, a child benefits from having both parents involved. This simultaneously reduces the negativity that often accompanies a divorce. With any custody dispute, a key for both parents is to have experienced legal assistance in the case from its start to try and achieve a satisfactory outcome.