Child Custody in Texas
Child custody, known as conservatorship in Texas, is often the area of most anxiety for parents who are seeking divorce. If you are like most of these parents, you may have already spent months or even years worrying about the potential impact of a divorce on your children.
Even after you decide to pursue divorce, you may find that determining the roles of you and your spouse going forward is highly contentious and stressful. By educating yourself beforehand, you can make decisions that will serve your interests and the interests of your children in the years to come.
How Texas Courts Approach Custody Issues
In a divorce, the parents have equal rights when it comes to their children.[1] That said, courts decide custody matters based on what is in the best interests of the child. Determining what is in the best interests of a child involves weighing a wide range of issues,[2] including:
- The child’s wishes
- Current and future emotional needs of the child
- Current and future physical needs of the child
- Emotional and physical danger to the child
- Parenting ability of the individuals seeking custody
- The stability of the home of the individuals seeking custody
- Programs available to the parents in serving the best interests of the child
- Any evidence indicating a parent-child relationship that is not proper
There is no formula or checklist that mandates the court decide a certain way with regard to the best interests of the child. It can come down to little things, like who takes the child to the doctor or dentist. Additionally, if one parent was absent for a period of time in the child’s life, that absence may influence the judge.
Finally, the court has wide latitude in deciding what arrangement is best for the child. The facts of your case will be weighed and analyzed to decide whether you or your spouse should be sole conservator or whether both parents should serve as joint conservators. Courts prefer joint conservatorships and will lean strongly in that direction.
Common Questions Asked About Custody
- What are the child custody laws and regulations in Texas?
- What are the different types of child custody available?
- Who can legally obtain custody of a child?
- How will the court determine what is in the best interests of my child?
- What is a standard possession order?
- What are parenting plans used for?
You may also review our child custody legal terminology page to read definitions to common terms used during the custody process.
Educate Yourself for a Better Chance at Obtaining the Custody Solution You Desire
Do not leave yourself without the tools and the representation you require to ensure your child is taken care of and truly receives the custody solution that is in his or her best interests. The more you know about Texas child custody laws and processes, the better you will be able to handle any and all issues that may arise.
Turn to our knowledgeable team for help making today the first day of the best half of your life while also focusing on your child’s future. Reach out to us online or call us at 972-353-4600 to schedule your confidential consultation.
[1] 40 Tex. Jur. 3d Family Law § 1262
[2] TXJUR FAMLAW §1217