What are the chances a father will be awarded primary custody of his child?
Texas law presumes that awarding the parents joint custody of the child is in the best interest of the child. The question above speaks to a father’s chances of obtaining the right to determine the primary domicile of the child, which is known informally as “primary custody”. In making its determination, the court will identify the primary caretaker of the child during the marriage. What are the living arrangements now? Who is putting the child to bed, taking him to the doctor, making dinner, involving the child with appropriate people, and so on? The courts tend to lean toward mothers in deciding custody of younger children, but men are gaining ground in custody battles where it is shown that they are attentive nurturing parents. However, a father’s chances are not easy because most courts give preference to the mother. Under the common law, the age and sex of the child were always relevant in determining a child’s best interest. Age, however, is specifically mentioned in only a few s
