In past years mothers almost always receive sole custody of children in divorce cases. In recent years fathers have begun to speak out and demand their rights as a father. It is the Fathers right to be able to see their child and have a relationship. Shared parenting, where mothers and fathers have equal time is more and more common.
Shared parenting is where both parents have as close as possible equal parenting time sometimes called joint physical custody. For example the child may spend a week with one parent then the next week with the other. For most courts the number one consideration is “what is in the best interest of the child.” For some children shared parenting is not in their best interest but that does not mean that the father or mother should not have visitation rights.
Courts take into consideration many other factors. They will give particular regard to who has been the primary caretaker and the job they have done as such. If you work out of the house or are a stay-at-home dad that may be a very beneficial attribute. Judges will also often take into account the wishes of the children depending on their ages. What is in the best interest of the child is and should remain the primary focus in determining custodial rights.
Only six states have laws that encourage equal access to both parents. Fortunately if you are a father living in the state of Texas you have the law on your side to help you have equal parenting time. It may be in your best interest to talk with a Texas attorney about your rights as a father.