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Proposed child custody law highlights many parents’ concerns

On Behalf of | Apr 28, 2021 | Family Law |

In a Texas divorce, there will likely be a litany of concerns to address. Child custody is one of the most complex and emotionally fraught aspects of a family law case. These disputes can be extensive and contentious. A common parental worry is how the law itself will impact them. In the state, there are fundamentals that the courts will follow. Until they are changed at the legislative level, this affects the parents and the child in myriad ways. A recent proposal to change the law gives insight into what many parents face. Understanding the current laws and proposed changes often requires experienced assistance.

Child custody bill has parental support

A bill that is being debated in Texas would change the way child custody is handled. As it stands, the law for standard possession starts at 75-25 custody meaning one parent has the child three-quarters of the time and the other one-quarter. The goal with the new law would be to have custody split in half – alternatively referred to as shared parenting. An activist for fathers’ rights – who happens to be female – says the way custody is determined based on the default rules is unfair to fathers.

Barring evidence that the court should deviate from the standard, the case will generally be 75-25 with the father frequently on the short end. Statistically, the numbers are overwhelmingly in favor of the mother getting custody. The attorney general’s office reports that approximately 92% of custodial parents are female. There is spirited debate about the law. Many cases result in people being forced to spend significant sums to try and have a custody arrangement where it is closer to 50-50.

Dealing with child custody and family law issues can be complicated

With child custody, the standard possession order is just one aspect of the case. Of course, other factors are weighed when making these determinations. That includes the best interests of the child. Some considerations are the parents’ ability to raise the child, if there are allegations of mistreatment, substance abuse and more. This bill exemplifies the litany of challenges parents may face in a family law case. For assistance with child custody or any other area of family law, having professional representation can be essential in reaching a satisfactory outcome whether that is through negotiation or by going to court.