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Do stay-at-home parents get custody preference?

On Behalf of | Aug 1, 2022 | Child Custody |

Divorce is a stressful event, and when the couple shares children, the stakes are even higher. Child custody may become a high-conflict piece and cause a broader rift between parents.

When handling custody, Texas courts address two types: legal custody conservatorship and physical access. The two are different, and getting more of one does not guarantee that the other divides the same. For instance, do stay-at-home parents get prioritized custody under the law? Discover more about how the Lonestar State handles things.

What is a joint managing conservatorship?

Under state law, both parents have the same right to legal decision-making for their children. Joint managing conservatorship is the phrase the statute gives to joint legal custody. This means that both parents can:

  • Decide where their children attend school
  • Make medical decisions
  • Choose a religion to practice
  • Access their children’s education and medical records

Is a stay-at-home parent always given custody?

Some households have a parent who has remained home to care for children. When a divorce happens in homes such as this, the working parent may believe that the one who stayed home automatically gets custody and majority access to the children. This is not the case. While it may hold true that a parent with a less demanding job may have the flexibility to care for children more frequently, it does not equate to getting a higher percentage of legal custody.

Judges consider many factors when forced to decide legal and physical custody. To ensure that the family wins, parents may want to consider compromising and coming to a joint agreement to keep matters in their own hands.