The belief that mothers are automatically awarded custody is no longer the norm in Texas family courts. Today, judges do not base decisions on gender—instead, they focus entirely on one guiding principle: the best interest of the child. While mothers have traditionally been granted primary conservatorship, current Texas law treats both parents equally under the law. To be awarded primary conservatorship, a mother must show that doing so best supports the child’s well-being.

In Texas, what most people think of as “custody” is legally called conservatorship—which includes determining where the child lives and who makes major decisions about their upbringing. Mothers and fathers begin with the same legal standing. Even though many mothers are deeply involved in their children’s daily lives, that involvement must be demonstrated with credible evidence in court.

To guide you through this legal process, we’ve created the Mother’s Rights eBook, available in the sidebar. Authored by attorney Bryan Fagan, this resource includes practical insights such as:

• What courts evaluate when determining conservatorship
• How to build a compelling case for primary custody
• The importance of responding quickly to legal filings
• Tips for advocating for your parent-child relationship
• What to expect during a family law hearing

…and more.

Use the sidebar to download the eBook and access helpful forms that can support you in taking the next steps with clarity and confidence.