Custody for Fathers

[Mrs.JT]

Originally Posted by SVTRay

Nothing is impossible but a male receiving full custody in Texas is extremely challenging. He would have to prove her un fit and adultery really doesn't cut it. I have actually seen it done once. The mother was/is a great person but suffers mental issues and is battling alcohol abuse. Also, the state tends to lean in favor of who FILES first!! The state looks at this way I guess, the situation must be bad if whom ever is filing first. So if he has any chance it's going to be filing first! Again, a man has to prove the women is an outright danger to the child while all the woman has to say is she simply wants out of the marriage in order to win full custody. Keep in mind, who ever wins, has to pay child support.

Now with all that said, I don't know the situation but maybe these two should seek marriage consoling?

We determined that he doesn't want full custody, just joint. But it sounds like his wife prefers that their daughter live with her...and she has agreed to allow him to pick up their daughter anytime. Although she works full time, she has always been the primary "caretaker" of their daughter. She feeds her, does her hair, bathes her, brushes her teeth, puts her to bed, etc. So it sounds like the wife just wants to be able to continue providing this care for their daughter during the week when a schedule needs to be maintained, but is willing to let him spend time with the daughter any time - weekends, holidays, etc.

I want to tell him that it might be in the best interest of their daughter to live with her mother since the mother is allowing very flexible and generous options for him to spend time with her. But it sounds like he doesn't want to budge.

But it sounds like if he files first, he might actually get what he's seeking - joint legal and physical custody even if the mother would like to have primary physical custody? That's something I didn't know.

[SVTRay]

Originally Posted by Mrs.JT

We determined that he doesn't want full custody, just joint. But it sounds like his wife prefers that their daughter live with her...and she has agreed to allow him to pick up their daughter anytime. Although she works full time, she has always been the primary "caretaker" of their daughter. She feeds her, does her hair, bathes her, brushes her teeth, puts her to bed, etc. So it sounds like the wife just wants to be able to continue providing this care for their daughter during the week when a schedule needs to be maintained, but is willing to let him spend time with the daughter any time - weekends, holidays, etc.

I want to tell him that it might be in the best interest of their daughter to live with her mother since the mother is allowing very flexible and generous options for him to spend time with her. But it sounds like he doesn't want to budge.

But it sounds like if he files first, he might actually get what he's seeking - joint legal and physical custody even if the mother would like to have primary physical custody? That's something I didn't know.

It's all up to the judge but whom ever gets primary custody, also receivers child support. I would consult an attorney.