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— Hi I'm Vonda Covington I'm a divorce attorney inform Bend County Texas My office is in Richmond I wanted to talk a little about child custody and what the court looks at to make a decision on which parent the child is going to live with The court uses what's called the best interest standard They look at what's in the best interest of the children Despite what Mom wants despite what Dad wants They look what's best for the child Typically one of the factors that the court considers very seriously is who has the primary care taker of these children been Unless there's a problem with that primary caretaker typically that's who the courts going to go with because that's what the kids are accustomed to and that's what's been working for quite some time Can dads get custody Absolutely dads can get custody The court doesn't really have a preference of mom over dad except to the extent that one parent or the other has been the primary caretaker already In American culture very often that's still the mom I see that all the time But you know what also in the last 20 years of practicing family law I have seen a lot of dads who have been the primary caretakers and a lot of dads who have been the best parent Really genuinely it varies from one family to another, and it depends on the facts of the particular situation But do not give up on being the person who gets custody just based on gender It really is the best interest of the kids that the court looks at
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