Neither parent automatically gets custody when they separate; if the parents can't agree on custody, the courts generally award custody on a ';best interests of the child'; standard, and that appears to be the case in Texas. It is true that courts generally find that it is in the best interests of very small children to be with their mothers if possible, but they are not supposed to give preference to either parent solely because of gender.
If there are outstanding warrants for his arrest, he is not likely to want to show up in Texas and bring a custody suit, but I don't think it would legally bar him from doing so, unless of course he is actually arrested and incarcerated. Depending on what the warrants are for and any other criminal history he may have, if he does sue for custody you can use that to argue that the children would be better off staying with you.In the state of texas what parent gets the child when they seperate?
Unless there is a court order...whoever has custody of the child has custody.
If your wife or hubby has the child and you want it ...and see it walking down the sidewalk..you can take the child.
It's a complete free for all in Texas until the court orders otherwiseIn the state of texas what parent gets the child when they seperate?
In 98% of the states, the mother always gets the child. Unless for certain reasons that are proved to the judge then it can go either way.
Hopefully, the better one if one is clearly unfit... but generally, with two people who are OK just splitting up, the mother traditionally keeps the children most of the time.
Usually the primary caregiver... the one that cooks, cleans, helps with homework ... etc.
Yup, you guessed it... mom.
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