Determining who gets custody, also called "possession," of a child can be a contentious issue during a divorce in Texas or anywhere else. While the parents may be able to work out a parenting plan on their own, a judge may need to make a final ruling. The ruling is based on what is determined to be in the best interest of the children. There are many different factors that could be used when deciding what benefits the child the most.
In many cases, the age of the child as well as the relationship between the parent and child will be taken into consideration. Younger children tend to do better when there is more consistency in their lives, so it may be best to create a plan that doesn't allow for a lot of flexibility. Other factors that could be considered include the health of the parent as well as how parenting duties have been divided.
If one parent has largely cared for the child during a separation, he or she may be the one who continues to do so after the divorce is finalized. Parents who can provide a stable home life may have better odds of winning possession of their children. Depending on how old the children are, their input may be considered when creating a custody order.
After a divorce, it is important for parents to focus on the best interests of their children. This may include advocating for the other parent to have a strong relationship with a son or daughter. Doing so may maximize the chances that a parent will get full or shared legal or physical possession of a child. If a parent doesn't get possession, a positive attitude may make it easier to obtain other rights to the child.