What Do Judges Look At When Deciding Custody in Texas?


Child custody cases can be emotionally charged and legally complex, with the well-being of children at stake. If you’re facing a custody dispute in Texas, it’s crucial to have a solid understanding of the state’s custody laws. Child custody refers to the legal and practical responsibility of caring for and making decisions about a minor child. It involves determining where the child will live, who will have decision-making authority regarding their education, healthcare, religious upbringing, and general welfare, and how visitation or parenting time will be allocated between parents or other individuals involved in the child’s life.

Child custody matters often arise during divorce or separation proceedings, but they can also arise in cases involving unmarried parents, legal guardianship, or situations where the child’s safety or well-being is at risk. The primary focus of child custody determinations is the best interests of the child, ensuring their physical, emotional, and psychological well-being.

Types of Child Custodies in Texas

There are different types of child custody arrangements, which may vary depending on the jurisdiction and individual circumstances.

  • Physical Custody:

Physical custody refers to where the child will primarily reside and spend their time. In Texas, physical custody is commonly referred to as “possession” or “conservatorship.” The following are the key types of physical custody recognized in Texas:

a. Sole Managing Conservatorship: This type of custody grants one parent, known as the sole managing conservator, the exclusive right to make major decisions regarding the child’s upbringing and serves as the primary residence for the child. The noncustodial parent, known as the possessory conservator, may have visitation rights or possession and access according to a court-ordered schedule.

b. Joint Managing Conservatorship: In Texas, the default preference is for joint managing conservatorship, where both parents share the rights and responsibilities for making important decisions about the child’s welfare. This arrangement does not necessarily mean equal physical custody; instead, it focuses on joint decision-making authority.

c. Possessory Conservatorship: When one parent is named the sole managing conservator, the other parent is typically granted possessory conservatorship. The possessory conservator has visitation rights and scheduled possession and access to the child.

  • Legal Custody:

Legal custody pertains to the authority to make important decisions regarding the child’s upbringing. In Texas, legal custody is often addressed in conjunction with physical custody. The following are the main types of legal custody recognized:

a. Sole Legal Custody: Sole legal custody grants one parent the exclusive right and responsibility to make significant decisions concerning the child’s education, healthcare, religious upbringing, and other important matters.

b. Joint Legal Custody: Joint legal custody refers to both parents sharing the responsibility for making important decisions about the child’s welfare. This arrangement encourages cooperation and collaboration between parents in matters related to the child’s upbringing.

  • Joint Custody:

Joint custody, also known as joint conservatorship or shared custody, encompasses both physical and legal custody. In joint custody arrangements, parents share the physical care and responsibility for the child, as well as the decision-making authority.

Joint custody can take various forms, such as:

a. Joint Managing Conservatorship with Equal Possession: In this scenario, the child spends an equal amount of time with each parent, often on a week-on/week-off or alternating schedule.

b. Expanded Standard Possession Order: This is a common joint custody arrangement in Texas where the noncustodial parent has possession of the child on weekends, holidays, and extended periods during summer vacations, with more limited possession during the school year.

  • Factors Considered in Custody Determinations:

When determining child custody arrangements in Texas, courts prioritize the best interests of the child. Various factors are considered, including:

a. The child’s emotional and physical well-being

b. Each parent’s ability to provide a stable and supportive environment

c. The child’s relationship with each parent and other relevant individuals

d. The child’s wishes if they are mature enough to express a preference

e. Each parent’s history of domestic violence or abuse

f. The child’s adjustment to their home, school, and community

It is important to note that custody arrangements can be highly customizable and can vary depending on the specific needs and circumstances of each family. Courts consider various factors, such as the child’s age, preferences (if appropriate), the parents’ ability to provide a stable and supportive environment, and any history of abuse or neglect, when making custody determinations.

Child custody disputes are typically resolved through negotiation, mediation, or, if necessary, litigation in family court. In all cases, the court’s primary consideration is the child’s best interests, aiming to ensure their safety, well-being, and healthy development.

Steps in the Child Custody Process

  • Filing for Custody: Either parent can initiate the custody process by filing a petition with the appropriate family court. The petition outlines the desired custody arrangement and supporting reasons.

  • Temporary Orders: If immediate custody arrangements are necessary, either parent can request temporary orders to establish a temporary custody arrangement, visitation schedule, and child support.

  • Mediation: In most cases, Texas courts require parents to attend mediation to attempt to reach a custody agreement amicably. Mediation provides an opportunity for parents to work together with the assistance of a neutral third party.

  • Court Evaluation: If mediation fails, the court may appoint an evaluator, typically a mental health professional, to conduct a thorough investigation. The evaluator assesses each parent’s home environment, parenting abilities, and the child’s relationship with each parent.

  • Court Hearing and Determination: If the parents cannot reach an agreement through mediation or court evaluation, a court hearing is scheduled. Each parent presents their case, and the judge makes a determination based on the child’s best interests.

  • Final Custody Order: Once a custody decision is made, a final custody order is issued. The order outlines the custody arrangement, visitation schedule, and any other specific terms regarding the child’s upbringing.

Factors Considered by the Courts

When disputes arise regarding child custody in Texas, the courts play a vital role in making decisions that prioritize the child’s welfare. To reach a fair and just resolution, Texas courts consider a range of factors to evaluate each parent’s ability to provide a suitable and nurturing environment for the child. Here are some of the conditions considered by the court:

  • The Child’s Best Interests: The primary consideration for the courts in Texas child custody cases is the best interests of the child. Texas Family Code Section 153.002 outlines the factors that help determine the child’s best interests. These factors include the child’s emotional and physical needs, their safety, their preference if they are of sufficient age and maturity, the stability of the proposed home environment, the presence of any history of domestic violence, and the ability of each parent to provide for the child’s well-being.

  • Emotional and Physical Needs of the Child: The courts evaluate each parent’s ability to meet the emotional and physical needs of the child. This includes factors such as providing a stable home environment, attending to the child’s medical, educational, and social needs, and fostering a healthy and supportive relationship with the child.

  • Child’s Preference: Texas courts may take into account the preferences of the child if they are of a suitable age and maturity to express their desires. While the child’s preference is considered, it is not the sole determining factor. The court will consider the child’s preference alongside other relevant factors and make a decision based on what is in their best interests.

  • History of Domestic Violence or Abuse: The courts carefully consider any history of domestic violence or abuse when determining child custody. Texas law prioritizes the safety and well-being of the child, and if a parent has a history of abuse, it can significantly impact their custody rights. Evidence of abuse may lead to restrictions on visitation or supervised visitation to ensure the child’s safety.

  • Parental Stability and Mental Health: The courts assess the stability and mental health of each parent. They consider factors such as the parent’s ability to provide a stable home environment, their financial situation, any history of substance abuse or addiction, and any mental health issues that may affect their ability to care for the child.

  • Co-Parenting Ability: The courts also evaluate the ability of each parent to co-parent effectively. They assess the willingness of the parents to encourage and facilitate a healthy relationship between the child and the other parent. A parent’s willingness to cooperate, communicate, and support the child’s relationship with the other parent is crucial in determining custody arrangements.

  • Geographic Proximity: The proximity of each parent’s residence is a factor that courts consider, especially when determining joint custody arrangements. The courts aim to minimize disruption to the child’s life and maintain their stability by considering how the geographic location of each parent will impact the child’s access to school, healthcare, and other essential services.

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