Getting a divorce can be a tough and emotionally exhausting process, especially for parents who are fighting over the custody of their children. Ideally, parents would be able to share the custody of their children in a nice and cordial manner. In reality, this is not always the case, and contentious disputes may arise about where children will live and how parents will make decisions for them in the years after their divorce. Unfortunately, fathers sometimes feel like they do not have the same rights as mothers when it comes to child custody. Because mothers have traditionally been responsible for child care, some people assume that they will have primary or sole custody of children after getting divorced. However, these attitudes have changed in recent years, and both fathers and mothers will need to understand how the laws address fathers' rights in divorce and family law cases.

Presumption of Joint Custody in Texas

Under the laws of the state of Texas, joint legal custody of children is usually preferred. In fact, courts presume that joint managing conservatorship, the state's term for legal custody, is in the best interest of the child. This means that unless there is evidence showing that shared custody would be detrimental to the child, both parents will be given an equal say in how the child will be raised and how issues such as education and healthcare will be handled.

When determining whether there are any reasons why joint legal custody would not be in a child's best interest, courts may consider various factors. These include: