Solving the Parenting Crisis in Texas

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Children are the result of two people - a man and a woman. Parents both have a role in the healthy growth and development of a child. When a relationship dissolves, a child’s future typically becomes subject to the whims of Texas Family Courts and Family Law attorneys.

Over 40 years of empirical research have repeatedly affirmed the crucial role of the Parent-Child relationship, but Texas law allows for courts and attorneys to routinely remove or even destroy that essential bond.

Sociological studies have proven that a child benefits from a relationship with both parents, even when the parents no longer get along. Dr. Edward Kruk, internationally recognized as an authority on child custody and shared parenting, said, "A more child-focused approach to child custody determination is needed to reduce harm to children in the divorce transition to ensure their well-being." The well-being of children should take precedence over judicial biases, personal preferences, and parental self-interest.

The consequences of fatherless children are felt by society as a whole and the problem has grown to epidemic proportions. The statistics are startling.

Children from fatherless homes are more likely to suffer mental health issues, commit suicide and violent crimes, become substance abusers, be incarcerated, and have broken families as adults - thus perpetuating the cycle of damage to yet another generation.

The truth is that children of all ages have the fundamental right to have equal time with both fit, willing, and able parents. But Texas law allows our Texas Family Courts to ignore this truth. Routinely, the "losing" parent in a custody dispute only gets four days and eight hours with their child every month.

The law in Texas gives a judge broad discretion to determine "the best interest of the child." Sadly, there is no legal or consistent definition for "best interest." The judge can limit and or even terminate a parent's right to their child without first alleging, and then proving with clear and convincing evidence, that a parent is actually unfit. It can be based upon nothing more than a judge's dislike of a parent, or even their dislike of a parents religious beliefs. Is this legal? Absolutely not. But judges have been doing this for decades, and it is unfortunately a daily occurrence throughout Texas.

Equal parenting time during childhood helps ensure that young adults from divorced families have long-lasting, close, secure relationships with both their fathers and their mothers. This stability benefits everyone. That should be obvious without needing to be said, but our Texas Family Court System doesn't embrace this truth, and we must change the law - for the benefit of the children - and even if it inconveniences the adults. After that change, our courts must be held accountable to discharge their duties as intended.

We all know that it's never the fault of the child when parents don't remain together. But it is the child who pays the price when the adults don't protect and preserve the child’s relationship with two willing and loving parents. Divorce and separation are devastating for a child, one of the greatest traumas a child will ever experience. This trauma is exponentially exacerbated by limiting the child's access to a parent who wants to remain active and involved.

During this next legislative session, let's ensure that our Texas Family Courts have a legal bias for what is truly in the best interests of the child. And let us all hold our judiciary accountable to follow the law, just like the rest of our great Texas citizenry.