Your Family Is
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YOUR FAMILY IS OUR FOCUS

San Marcos Texas Legal Blog

Fathers deserve custody time, too: Know your rights

On Behalf of | Jul 27, 2021 | Child Custody |

Fathers are often concerned that they may lose custody or be unable to see their children if they get a divorce from their children’s mother. The truth is that the courts are usually in favor of both the mother and father having shared custody. In fact, in an ideal world, both parents would share equal custody time with their children.

Factors that play a role in custody may impact how much time a father gets with his kids. For example, if he works a regular 9-to-5 schedule from Monday through Friday, it may simply be easier for the kids to stay with their mother during the week and to have visitation on weekends with their father. Other factors, such as a history of abuse, the children’s wishes, both parents’ schedules and responsibilities, the parents’ ability to provide for their children and additional items will also determine the kind of custody plan that will work for a divorced couple.

Your children’s best interests come first

By law, the court has to determine custody schedules by what’s in the best interests of your children. For instance, if your children want to go to school near your home and you will be home from work before the end of their school day, then that might make it easier for you to fight for custody through the week. If the other parent is dating or bringing people in and out of the home regularly, you could argue that you don’t want your children exposed to those individuals and seek a greater amount of custody time.

The court has to do what will be best for your children if you and your spouse can’t decide on your own custody arrangements. Usually, it is easier to negotiate a fair schedule if you and your spouse can get along and work out a fair solution prior to your divorce. However, there is a possibility that you won’t be able to do that. If not, then you need to build a case for custody. You should include a schedule that you’d like to have as well as information to support any claims you make against the other parent.