Legal Question in Family Law in Texas

does family law prefer men in the military versus mothers of their babies in Texas

Asked on 10/06/13, 10:30 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I'm not sure what you are asking.

People in the military are essentially owned by the military. They can be deployed overseas to a war zone at any time the military decides. They cannot have custody of children in a war-zone.

Therefore, normally mothers get custody of the kids.

However, the Texas Family Code is written gender neutral. Do not assume that the female will automatically get custody. The laws were revised many years ago to make them fair to men. Many fathers make excellent parents and the judges know it. So don't assume that just because you are a female that you will automatically get custody of the children. Many women have made this assumption and they have lost primary custody of their children.

Additionally, even if you have a Standard Possession Order, the other parent can ask for an expanded possession order. If so, the other parent will have the children approximately 47% of the time. That is a lot of posssession of the children. So don't assume that you won't see the other parent a lot. Even if you "win" custody, the other parent will have a lot of time and input with the children even if the other parent "loses" custody!

In summary, you will be co-parenting for the rests of your life with the other parent so I would encourage you to get out of your mind the concept of winners versus losers -- the only losers in these custody fights are the babies!

I hope that I have answered your question.

If not, you need to talk to a family law attorney in person.

Good luck!

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Answered on 10/07/13, 1:54 pm

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