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What factors influence child custody decisions in Texas?

On Behalf of | Jan 7, 2025 | Divorce

Child custody can be a tough and emotional topic for families. In Texas, courts make decisions about custody and visitation by focusing on what is best for the child. Knowing what the court looks at can help parents understand the process and feel more prepared.

Factors influencing custody decisions

Texas courts think about many things to make sure the custody plan is good for the child. They check how safe and stable each parent’s home is. They also look at how well each parent can take care of the child, including helping with school, activities, and daily life.

The court also pays attention to the child’s needs, like their physical health and emotional well-being, both now and in the future. If the child is 12 or older, the court may ask what they want, but only if it is in their best interest. If there is a history of violence or drug problems, the court takes that very seriously. The court also looks at sibling relationships and tries to keep brothers and sisters together when possible. Parents’ work schedules are also important to make sure they have time to care for their child.

Custodial and noncustodial roles

In Texas, one parent is usually named the custodial parent. This parent lives with the child most of the time and makes big decisions for them. The other parent, called the noncustodial parent, has time with the child based on the custody agreement. If needed, these plans can change to better support the child’s needs.

Encouraging mediation for resolution

Texas courts want parents to try mediation before going to court. Mediation helps parents work together to make a plan that fits their family’s needs. If parents can’t agree, a judge will decide based on what is best for the child.

By knowing how custody decisions work, parents can make better choices and help their child have a positive outcome.