Fathers in Texas who are going through a divorce might be more likely to get partial or full custody of their children than in previous decades. In 1980, 80% of the time, mothers were awarded sole custody. In 2008, this happened just 42% of the time. Furthermore, shared custody in which the child’s time with the parents was approximately 50/50 rose to 27% from 5%. For unequal shared custody, the increase was from 3% to 18%.

The term “custody” actually refers to two different concepts, legal custody and physical custody. Legal custody refers to which parent has the right to make decisions about the child’s health, religion, education and other important issues. Courts generally agree to shared legal custody. Physical custody refers to where the child lives. While courts may be less likely to allow equal physical custody simply because it may present logistical challenges and the mother still tends to be favored in these situations, the shift remains significant.