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Why fathers receiving sole custody is more common

Whether you are currently going through a divorce in Texas or you are just considering filing your divorce papers, you may be involved in the child custody process. As part of the procedures, the judge presiding over the case may determine whether sole-custody or joint-custody is in the best interest of the child. While it used to be commonplace for mothers to receive sole physical custody of the children in a divorce case, more and more fathers are being granted full-custody of their children.

The trend of more fathers receiving sole physical custody and mothers being forced to pay child support may be a product of the changing working environment across the United States. Not only are there more women in high position careers across the country, but more dads are staying home to take care of the kids. When the judge considers who is best equipped to have the children full-time, he or she will often consider who spends the most time with the children on a regular basis. Stay-at-home fathers are more likely to be granted full physical custody of the children.

Another reason why more fathers are granted custody is that the ‘tender years doctrine’, which states that children under the age of seven should be with their mothers, was abolished in most states. Of course, every case has unique circumstances, and the judge will consider these factors when making his or her decision.

This information is intended to educate and should not be taken as legal advice.

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