What Moms Need to Know about Filing for Child Custody

The custody courts in the state of Texas will grant a mother full custody of her child under specific circumstances. For instance, many courts will prescribe full or sole child custody for mother if the father is unwilling or unable to provide a home for and make decisions on behalf of the child. Here are some of the most important things for a mother seeking custody of her children should know.

Historical Perspective

Prior to the 1970s, most divorce and custody courts had a preference for giving custody to mothers based on a long-held stereotype that a mother is naturally more inclined and capable of providing nurturing care to a child. This stereotype arises primarily out of the fact that only women are capable of breastfeeding a child. While this does hold true for very young children, after a certain age the court cannot legally give preference to either parent on the basis of gender alone.

Motion

Whenever a mother hopes to be awarded sole custody of her children, she will be required to file a motion in order to start the custody process. The mother’s attorney will help her file the motion in the family law court of the county wherein the child resides.

This motion commonly comes in conjunction with a divorce or legal separation, or in cases that try to establish the paternity of a child. The motion contains evidence to back up the parent’s claims to support the motioned for custody arrangement.

Considerations

When overseeing any custody case, the court’s primary consideration is to look out for the best interests of the child. This involves carefully examining the financial, emotional, and physical well-being and stability of both parents or any other potential guardians to determine who is most capable of providing a safe, nurturing home wherein the child can develop to adulthood.

For more information on how to file for child custody for mothers, go to KoonsFuller.com today! 

Unmarried Couples and Child Custody Issues: An Overview

The number of single mothers or fathers attempting to raise a child on their own continues to increase every year. However, unmarried women and men often face many problems trying to resolve their child custody issue. It is particularly difficult for men to establish their paternal rights when they are not legally wed to the child’s natural mother. While it can be difficult, it is important for any parent who hopes to gain full custody, partial custody, or even just visitation rights to find a qualified custody attorney to settle your case.

There are a myriad number of reasons why unmarried people might try to seek custody of a child. For instance, an unmarried man may seek to gain parental or visitation rights after he discovers that a woman he had a relationship with is pregnant with or has given birth to his child. On the other hand, a woman may seek custody of her children as she is getting out of an abusive relationship with the children’s father. It is even possible for same sex couples to seek custody of their children in the event the relationship dissolves. No two families are the same, so divorce and family law courts have often seen a wide variety of custody cases.

In general, custody judges and attorneys have a legal precedent to serve a child’s ‘best interests’. To put it more plainly, a judge must place the child with the guardian who is best able and willing to provide a safe and comfortable home, access to educational resources and financial support, and a moral and positive upbringing.

There are many things a court will consider when deciding between a number of guardians or potential custodians who are requesting custody. For instance, a court will analyze an unmarried parent’s work, financial and criminal history, as well as their history of violence, neglect, abuse, or substance abuse. Typically when you enter into a custody process, you will initially need to go through a comprehensive custody evaluation. These are used to assist the course while they decide on the best course of action in regards to the child’s disputed custody arrangement.

In the past, preference was given to the mother of a child in assigning custody to one parent or the other. This was because of a commonly held stereotype that women are naturally more able to care for and nurture children.

Some people may be tempted to represent themselves in court, however for many reasons, this is inadvisable. For one thing, unless you are a bar-certified attorney, you are unlikely to have the knowledge and experience to adequately represent yourself in court. As a result, you will likely endure a lot more hardship and emotional trauma, experience more obstacles, and pay more in legal fees than had you hired an experienced legal professional. Finally, an experienced attorney likely already has a relationship with family court judges, and other attorneys who may be hired by other parties interested in taking custody of the child.

To speak with a qualified Texas child custody attorney today about petitioning for custody of your children, go to KoonsFuller.com today!