The idea that mothers automatically receive custody is no longer a given in today’s family courts. In Texas, judges do not favor one parent over the other based on gender. Instead, every custody decision is based on one standard: the best interest of the child. While mothers have often been awarded primary conservatorship in the past, modern law treats both parents equally. To be granted primary conservatorship, a mother must clearly demonstrate that it serves the child’s well-being.

In legal terms, Texas refers to “custody” as conservatorship—which covers who the child lives with and who makes important decisions regarding their care. Both mothers and fathers start on equal legal footing. Although many mothers play a central role in their children’s lives, this must be backed up with evidence in court.

To help mothers navigate this process, our Mother’s Rights eBook—available through the sidebar—covers key insights from attorney Bryan Fagan, including:

• The factors courts consider when deciding conservatorship
• How mothers can build a strong case for primary custody
• Why prompt responses to legal filings matter
• How to advocate effectively for your relationship with your child
• What to expect during a family law hearing

• And more

Use the sidebar to access the eBook and related forms designed to help you take the next steps with clarity and confidence.