Is there any legal reason why fathers should not be awarded custody of their children just as often as mothers? How can I (a father) increase my chances of being awarded the primary custody of my children?

The Texas Family Code specifically provides that sex cannot be considered when evaluating the qualifications of a person to be appointed a conservator of a child. The Texas Supreme Court, in considering this issue, in the context of a child born outside of marriage, has stated, "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." There is simply no reason under the law for a mother to have a greater chance of being awarded primary custody of a child simply because she is female...read more