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!
