How Does the Court Determine Child Custody in Texas?

Sole Custody

If one parent poses a risk to the child, for example, if they have a history of drug misuse, child abuse, or domestic violence, then the other parent could be awarded sole custody.

In a sole custody order, only one parent will have rights and duties toward the child. Even when this is the case, the other parent can still be awarded supervised visitation.

Winning sole custody of a child is not easy; you will need to provide the court with substantial evidence to prove, without a reasonable doubt, that the other parent poses a risk to your child. An attorney can help make sure that the right decision is made.

Benefits of Negotiation and Mediation

A family law attorney from Skillern Firm Divorce & Child Custody Lawyers can help you and your ex-spouse formulate a parenting plan using mediation and negotiation. There are many benefits to this, including:

• Saving Time – Every contested issue in a divorce requires its own court hearing. Waiting for your Judge to be available for each issue is time-consuming.
• Protecting Children – When parents cannot get along, it often has a negative impact on children. Mediation can help parents to maintain an amicable relationship which benefits everybody.
• Personalized Arrangements – Using mediation, you can arrive at a parenting plan that meets everyone’s needs and takes into account each parent’s work schedule and the child’s education and extracurricular activities.

When parents arrive at a parenting plan, it will need to be approved by a Judge. Your attorney will help ensure that your parenting plan is in line with Texas family law and is likely to be approved by the Judge overseeing your case.

What is a Texas Child Custody Trial?

If parents cannot come to an agreement using mediation, then the court will step in to make a decision on the parent’s behalf.

A trial is a formal legal proceeding in a courtroom, where parties may testify under oath; there may also be witnesses and exhibits (documents) to support each party’s case for custody.

Prior to the actual trial, the court will have a pre-trial conference which will determine what documents will be presented at trial, when the trial will be, and what witnesses will be present.

It is important that your child custody attorney is prepared to represent you in court if necessary. They will ensure that your rights and interests are protected, as well as your child’s.

What Will The Court Consider When Determining Child Custody in Texas?

If you arrive at a parenting plan using mediation, then the court will need to approve your decisions. If you cannot come to an agreement, then the court will step in to make decisions on your behalf.

Either way, decisions need to be made that are in the best interest of the child. To determine what that is, the Judge may consider factors such as:

• Previous involvement from each parent
• Which parent can best meet the child’s emotional and physical needs
• Potential danger to the child from either parent
• How stable each parent is
• The Child’s Wishes
• Family and community proximity

Previous Involvement From Each Parent

The Judge will consider each parent’s involvement and relationship with the child. Courts cannot make decisions based on gender alone, which means that stereotypical views of the mother having the strongest parent-child relationship should not be a factor.

Instead, the court will consider the involvement of each parent in the child’s life, such as who attends school events and arranges doctors’ appointments. The court will try to keep stability in a child’s life where possible, so if one parent has been heavily involved in the child’s life up until this point, then the court may want to keep it that way.

Which Parent Can Best Meet the Child’s Emotional and Physical Needs?

The courts will also consider each parent’s ability to meet the child’s emotional and physical needs, both now and in the future. That could include considerations such as the ability to provide a stable home environment and spend time with their child.

The court expects to see that parents are capable and willing to put their child’s needs ahead of their own.

Potential Danger to Child from Either Parent

If there is any potential danger to the child from either parent, then this will be an important consideration when determining child custody. If either parent has a history of substance misuse or violent or abusive behavior, then they may lose their parental rights.

If you are concerned about the impact your ex-spouse could have on your child, then it is essential you speak with a child custody attorney. They will help you provide evidence for your claims so that the Judge is made aware of your experiences.

Alternatively, if you have a history that looks like this but have turned your life around and still want access to your children, then we can help. We will help you provide evidence of the changes you have made to show the Judge why you are not a risk to your child.

How Stable Each Parent is

Another important consideration is how stable each parent is. Such as whether they have a steady job, a stable home or the available time that allows them to meet their child’s needs. This is a big factor that the court will definitely consider.

The Child’s Wishes

If a child is 12 or older, then they may choose to sign an affidavit stating whether they have a preference for living with one parent or the other. While the Judge may consider the child’s preference, they are not obligated to follow a child’s wishes and will ultimately make decisions based on what they believe to be in the child’s best interest.

Family and Community Proximity

When a child grows up within a close community, such as close family members, or churchgoers, then the court may prefer to keep the child close to them to minimize disruption to their life. If only one of the parents plans on living in or near that community, it could lead to that parent within that community getting favorable consideration.

Child Support

Many assume that the custodial parent is guaranteed child support from the other parent, however, that is not always the case. In Texas, both parents are required to contribute financially to the upbringing of their children. That usually does mean that the custodial parent will be paid child support from the other unless the custodial parent earns significantly more.