In Texas, there's not a presumption for favoring mothers over fathers when it comes to conservatorship, which most people think of as custody. When judges are looking at which parents should be the primary conservator, they're really looking at which parent has done the bulk of the day to day caretaking for that child. Which parent is the parent that gets up in the morning with the child? Who brushes the child's teeth? Who make sure the child is dressed?
Who takes the child to school, or if the child is not in school, who's at home with the child every day? Which parent is participating in doctor's appointments and in school activities? The court really wants to get into the details of the day to day life of the child and ensure that whichever parent is named as the primary conservator is the parent who is best equipped to take care of that child's needs. One of the other really important factors that our courts are looking at is which parent is better able to foster a positive co-parenting relationship with the other parent to make sure that the other parent can stay involved in the child's life, even though they're not the primary conservator. So regardless of whether you're the mother or the father, it really comes down to the brass tacks of who's been doing the caretaking of that child. And that's what our judges are looking.