Do Mothers Automatically Get Full Custody in Texas?

 Posted on June 23, 2025 in Child Custody

Texas law does not automatically grant full custody to mothers. In fact, both parents are treated equally under the law. The Texas Family Code makes it clear that decisions about custody — legally known as conservatorship — are based on the best interests of the child, not the gender of the parent.

Still, many fathers fear they will face bias in custody disputes. If you are a father in Texas, it is important to understand your rights and how to assert them, especially if your children’s mother is making false claims or trying to turn your children against you. For help protecting your relationship with your child, you can rely on our McKinney, TX child custody lawyers. 

What Does Texas Law Say About Custody and Parental Rights?

In most cases, Texas courts prefer to appoint both parents as joint managing conservators. This arrangement allows both parents to share in important decisions regarding the child’s education, health care, and religious upbringing. However, joint conservatorship does not always mean spending equal time with the child.

The court will consider several factors before deciding on a custody schedule, including:

• Each parent’s ability to provide a stable environment

• The child’s physical and emotional needs

• The quality of the parent-child relationship

• Any history of abuse, neglect, or family violence

As of June 2025, Texas Courts cannot make any custody decisions based on gender. That means a father has just as much right to be a custodial parent as a mother. Still, proving to the court that you are a good parent can take preparation, documentation, and skilled legal guidance.

How Can a Fathers’ Rights Lawyer Help with Custody?

At The Ramage Law Group, we focus on helping fathers maintain strong relationships with their children. When the child’s mother is cooperative, we guide families through mediation or collaborative law to reach fair and flexible agreements without going to court. But if the situation becomes adversarial, we are fully prepared to advocate in front of a judge in Collin County.

Can a Father Get Primary Custody in Texas?

Fathers can and do receive primary custody in Texas, known as "sole managing conservatorship." In situations where the father has been the child’s primary caregiver, or where the mother is not able to provide a safe and stable home, the court may award the father the right to designate the child’s primary residence and to make important decisions for the child. 

Can Unmarried Fathers Get Custody in Texas?

If you were not married to your child’s mother when the child was born, you may need to establish paternity before pursuing custody or visitation. This can be done voluntarily or through a court order, usually using genetic testing. Once paternity is legally established, you can ask the court for a conservatorship and possession schedule just like a married parent.

Contact a McKinney, TX Fathers’ Rights Lawyer

Fathers deserve a meaningful role in their children’s lives. If you are navigating a custody case in Collin County, contact a McKinney, TX custody lawyer for dads at The Ramage Law Group. We will help you protect your parental rights with compassion and strength. Call 972-562-9890 to get started.