How do Texas courts make child custody determinations?

On Behalf of | Mar 7, 2022 | Custody & Visitation

Whether you are soon-to-be-divorced or you never married, going through child custody court proceedings is stressful and unnerving.

Reduce your anxieties by gaining an understanding of the Texas child custody process.

How do courts view custody in Texas?

Courts in Texas view child custody in two lights: conservatorship and possession and access. Conservatorship is the rights and responsibilities of the parents. This includes making school and medical decisions. Courts may grant either sole managing conservatorship or joint managing conservatorship. Possession and access indicate which parent or parents have physical custody of the child.

What does a court in Texas consider in child custody cases?

First and foremost, Texan courts take into account the well-being of the minor involved in the proceedings. In most circumstances, judges believe that spending time with both parents is beneficial to children. If you believe that this is not the case for your child, you must present the court with evidence that time with the opposing party could cause physical or emotional harm.

Though the judge on your case reserves the right to decide what to consider in his or her custody decision, generally, they generally factor in the following elements:

  • Each parent’s past involvement in the child’s daily life
  • The best interest of the child
  • Stability of both households
  • The child’s wishes
  • Parental criminal history including abuse

Every child custody hearing in Texas differs, but courts typically take certain information into advisement when granting parental access to children. Provide the judge with as much information as possible to allow him or her to make the most informed decision possible.