If you are a parent facing child custody issues in Texas, it is easy to collect myths rather than facts from late-night internet searches or well-meaning family advice.
You may have heard claims that fathers rarely win primary custody or that judges always divide parenting time 50/50. These simplifications do not reflect the true complexity of how Texas courts make custody decisions.
To prepare effectively and understand what is truly possible for your family, you will need to sort out the truth from the fiction.
Myth 1: Mothers always get custody
Many people believe Texas courts automatically award primary custody to mothers. This myth particularly affects fathers who might not pursue their rightful custody.
Texas law prohibits gender-based preferences in custody decisions. The Texas Family Code explicitly states that courts must consider the child’s best interests without gender bias.
Fathers can win custody cases when they demonstrate strong parenting abilities and a child-centered approach to planning. Texas courts focus on which parent best serves the child’s needs, regardless of the parent’s gender.
Myth 2: Paying child support means more parenting time
Some parents believe that paying child support affects their custody or visitation time. However, courts see child support as a basic financial duty, which is separate from visitation rights.
A parent who pays support does not automatically receive more time with the child. Similarly, a parent cannot deny visitation because the other parent falls behind on payments. Both parents maintain their court-ordered rights regardless of their support payment status.
Myth 3: Children can choose where they live
Many parents assume that when children turn 12, they get to make all their own decisions. But that is not true, and it can lead to making promises to children during divorce that are not realistic.
Yes, Texas courts may consider a child’s preference at age 12. However, this represents just one factor among many.
The court still places the child’s safety, stability and overall well-being above personal wishes. Judges may speak privately with children to understand what they want. Ultimately, they make the final custody decisions.
Myth 4: Custody orders are final
Parents sometimes believe that custody arrangements remain permanent once established. The reality is that Texas law recognizes that family circumstances can and do change.
The court allows custody order modifications when substantial changes affect the child’s situation. Examples include relocation, remarriage, job changes or health issues.
Either parent can petition for modifications as long as they demonstrate legitimate need rather than personal convenience.
Myth 5: Non-U.S. citizens have limited custody rights
This dangerous myth prevents many immigrant parents from seeking fair custody arrangements. Immigration status, on its own, does not determine custody rights in Texas.
Courts focus on parenting abilities and the child’s needs, not citizenship status. Non-citizen parents maintain equal standing in custody proceedings. They must never avoid legal processes due to immigration concerns.
Seeking professional guidance
Understanding these myths can help you approach custody discussions with clarity. It is important to remember that every custody case is unique, and Texas law looks at many factors to ensure the child’s well-being. Misunderstandings can result in costly errors.
When facing child custody issues, seeking legal advice can be beneficial. Your attorney can assist you in making choices that protect your children’s future and your parental rights.