Mom and daughter

How is Child Custody Determined in Texas

Child custody, otherwise known as conservatorship in Texas, are sometimes the most contested cases. Some parents become so focused on “winning” that they neglect what matters most— their kids. If parents are unable to resolve issues on their own, the courts will make a decision based on the best interests of the child.

Below, our family attorneys at Law Offices Of Mark M. Childress explain how judges decide on child custody matters.

Best Interests of the Child Standard

According to the Texas Statutes, the court presumes joint managing conservators. Research has shown that children do better when they maintain a relationship with both parents. However, they will consider the best interest of the child above all else.

Family courts look at many factors to determine this, including the following:

  • The child’s wishes if he or she is 12 years or older;

  • Any past, current or future emotional and physical danger to the child;

  • The relationship between each parent and the child;

  • Each parent’s ability to care for the child;

  • The health, safety, and welfare of the child;

  • Each parent’s ability to promote the best interest of the child;

  • The stability of each parent’s home; and

  • Any other relevant factors.

Courts are most likely to ensure that children will have continuing contact with parents who have demonstrated their ability to promote the best interests of the child.

Before getting to this stage, we recommend negotiations and mediation. It can be difficult for children to see their parents go through a contentious custody battle, especially when a resolution could potentially be reached another way. Our skilled and compassionate child custody attorneys at Law Offices Of Mark M. Childress are prepared to do whatever is necessary to protect your rights and that of your child.

Contact Law Offices Of Mark M. Childress at (817) 497-8148 to schedule a consultation with our Fort Worth child custody lawyers today.


 

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