Going through a divorce can be a sad, frustrating and stressful time, especially for men. There’s a lot of confusing laws that vary by state. You may not be sure how you’ll come out of this case financially. If there are kids involved, things are even more complicated. That’s why you must learn as much about divorce as you can so you can try to get what you want out of it.
Nowadays it is not uncommon for a father to get primary custody of the children, especially if the father was the primary caretaker of the children during the marriage. Even if you have not performed the primary caretaker role during the marriage, you will be granted joint conservatorship of the children so long as there has been no family violence, no child abuse nor neglect, or issues concerning an unhealthy or dangerous lifestyle.
When a court is considering the qualifications of the parents and their ability to care for the children, the court is not allowed to discriminate based on the sex of the parent. TFC §153.003. Courts
have ruled that “ A father who steps forward, willing and able to shoulder the responsibilities of raising a child should not be required to meet a higher burden of proof solely because he is a male.” In re McLean, 725 S.W.2d 696, 698 (Tex.1987).
Another alternative is a split possession schedule which can allow the parents to each have quality time with the children to maintain a sense of stability for the sake of the children. The bottom line is the parents need to decide what is best for the children so both parents can play a major role in the children’s lives.
If you are contemplating a divorce, it is time to call the Law Office of Leigh Ann Schenk to schedule a consultation in order to make an informed decision.