713-333-4430Houston Father’s Rights Attorneys
There is an old saying among lawyers that in a custody dispute, the mother invariably will receive custody. Much of the public thinks the same thing. Although at one time this was true, it is no longer. Thanks to legislative changes, fathers and mothers are equally considered when a court chooses a custodial parent in a child custody dispute.
This is due, at least in part, to the fathers’ rights movement, and it is also due to transitions in our society. If you’re a father and seeking custody of your children, you SHOULD seek an experienced Houston father’s rights lawyer to represent you. Boudreaux Hunter & Associates, LLC, has the experience to help you.
Boudreaux Hunter & Associates, LLC, is a father’s rights law firm with experienced attorneys to help you. The two founding partners, Shannon Boudreaux and Kevin Hunter, have significant father’s rights experience and both attorneys attended South Texas College of Law. In law school, Ms. Boudreaux earned appointment to the Dean’s list. In her legal career, Ms. Boudreaux has been recognized for her skills as a lawyer. As a law student, Mr. Hunter competed at the varsity level in moot court competitions at Emory University School of Law in Atlanta and at Pepperdine University School of Law in Southern California. Mr. Hunter is a veteran of the United States Air Force.
Call us at (713) 333-4430 or fill out a contact form now to schedule a consultation with one of our highly qualified attorneys serving Harris County.
Boudreaux Hunter & Associates LLC is located in the Upper Kirby district of Houston, TX near Richmond Ave & Timmons Ln just a few blocks north of I69, in the same building as the Houston-Galveston Area Council (open Google Maps).
Avvo Review: “I am a father that has never been on the side of even “break even”. With the terms of my divorce. This applies to every thing: visitation and support. Always felt the system was stacked against me. But after meeting Shannon I found new hope in someone that told me my true options and could see the issues. The final out come my legal issues was more than satisfactory.“
– Chris
The Tender Years Doctrine
For most of our history, when there was a divorce, it was simply understood that the mother would have custody of any children. In the few cases where the father contested an award of custody to the mother, the courts nearly always granted the mother custody. The courts followed the “tender years doctrine” that required the court to grant custody to the mother when the children were small because it was thought that she was in a far better position than the father to take care of them.
The father had no father’s rights to dispute the doctrine. The father’s sole remedy was to attempt to prove that the mother was unfit to care for the children.
Tender Years Yield to Father’s Rights
Father’s rights received somewhat of a boost when the legislature enacted a law explicitly stating that a court could grant custody of the children to either the father or the mother. In 1984, a Texas court provided some background when it affirmed a custody award to a father. The court stated that a parent must be granted custody unless the court finds that the appointment would not be in the best interest of the child. There is a presumption that the interests of a minor are best served by award of its custody to its natural parents… Thus, the burden of proof upon the issue of the best interest of the child is upon the one seeking to deprive the natural parent of custody.
Later, the Texas legislature passed a law stating that when determining custody, a court “shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child.” Read more about Texas’ child custody laws.
Texas Family Courts Apply Law Impartially
Texas Family Courts Apply Law ImpartiallyAll judges in Texas are required to take an oath that they will apply the law and apply it impartially to all who appear before them. The Texas legislature has stated that the best interest of the child “shall always be the primary consideration of the court.” Although it took time, the courts became more and more willing to look equally upon mothers and fathers in custody cases, following the dictates of the Texas Family Code.
Today, most judges are forthrightly open about selecting a father or a mother for custody, not because of father’s rights but because the judge wants what is best for the child. Sometimes, in bitter divorce cases, a child becomes a “prize.” One or both parents want custody of the child just to spite the other one. In this sad situation, judges more than earn their salaries by making tough decisions. And occasionally, when a custody dispute is really bad, a judge may award custody to neither mother nor father.
If you or a loved one is involved in a child custody proceeding, you should not assume that the court will award custody to the mother. There are no “father’s rights” in divorce court, just judges trying to look out for the best interests of the children. We hope you will consider the advocates at Boudreaux Hunter & Associates, LLC, to be your father’s rights attorney if you are in a custody dispute. Call us at (713) 333-4430 or complete a contact form to schedule a consultation today.
