Energy Corridor
West I-10 Katy Freeway
Houston, TX
Toll-Free: 866-959-7824
I-10 West: 281-955-1111

Houston Custody Lawyer

Father's Custody Rights in Houston

Do Fathers Get Custody in Houston?

Attorney Robert Reid McInvale of Houston utilizes his experience in child custody law to provide you with the following article on the custody rights of fathers. His goal is to help dispel the myths surrounding child custody outcomes and father’s rights.

According to several sections of the Texas Family Code, the primary consideration of the court in determining issues of physical and legal custody of children, and access to a child, will always primarily be the best interests of the child. The court will also consider the qualifications of the parties requesting custody of a child regardless of the sex of either the parent making the request or of the child in question. Therefore, the myth that the law favors the mother in matters of child custody is dispelled in a very real, legal sense, at least in the state of Texas.

That said, it cannot be denied that mothers are more often awarded primary physical custody of their children. There remains a presumption that the bond between a mother and child is somehow more “sacred” than that between fathers and their children. However, statistics show that children who grow up without a father present in their lives are more likely  to underperform in school, engage in criminal activity, and abuse alcohol or other narcotic substances.  Fathers play a substantive role in the upbringing of a child and, unless abuse or neglect factors exist, their bond should receive equal consideration when it comes to deciding custody of their children.

More fathers are winning custody of their children today than ever. Texas law favors awards of joint custody whenever possible, assuming both parents are proven to be equally responsible and invested in acting in the best interests of their child. However, should a mother be proven unfit, either due to evidence of physical abuse or neglect of their child, substance abuse, or other factors, a father may be awarded primary or even sole custody. Also, if the child is twelve (12) or older, he or she may submit a request in writing to the court expressing a desire to live with the father, which will be considered by the judge. If the father does win custody, he has the right to receive child support payments the same as a mother with primary physical or sole custody.

Texas law backs up any expectations of equal consideration and, if it is determined that the child’s best interests would be served by primarily residing with the father, then the court should so rule. An attorney well-versed in the law with regard to child custody in general, and father’s rights in particular, can tip the scales in your favor when custody is being determined. Get help and take heart, dads!

Help with your divorce, child custody, or other family law issue is only a call away.

Contact Robert Reid McInvale toll-free at 866-959-7824, or complete our contact form at The Houston phone number: 281-955-1111. The Woodlands phone number: (281-367-4422).

Come visit our new office location at 16360 Park Ten Place on I-10 serving the Greater Houston Area.  Thanks to I-10 and Hwy 99 we are now easily accessible from anywhere!  Our office is close to Fry Road, Mason Road, Westheimer, Hwy 290, Hwy 249 and Hwy 6, I-45, and the 610 Loop.  Your case can be handled by Reid McInvale in YOUR County of residence or in any other county in the Greater Houston Area as well as in the entire State of Texas.  See our Maps and Directions link.

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At Robert Reid McInvale you can trust us to guide you through the legal process and provide personalized, reasonable, aggressive representation on such matters as:

Family Law


Licensed by the Texas Supreme Court Since 1982.

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Robert Reid McInvale |
16360 Park Ten Place Suite 327 | Houston TX, 77084 | Toll-Free: 866-959-7824 | Phone: 281-955-1111