Dallas Child Custody Attorney

What Do Texas Courts Consider When Determining Custody?

Texas courts base their decisions on what is in the best interest of the child. While there is no specific checklist of factors, several key considerations guide the court’s determination, including:

• Parental Ability to Cooperate: The ability of the parents to communicate and work together is crucial in a custody determination. Courts favor arrangements where parents can make joint decisions about the child’s upbringing. If one parent is uncooperative or shows a pattern of obstructing the other parent’s relationship with the child, the court may adjust the custody arrangement accordingly.
• Child’s Age and Needs: Younger children may require a more stable and continuous environment, which could influence the custody arrangement. Additionally, the court will consider the child’s emotional and physical needs, including their relationship with each parent and the ability of each parent to meet those needs.
• Child’s Preference: Depending on the child’s age and maturity, the court may consider the child’s preference regarding where they want to live. While this is not a decisive factor, older children’s opinions may carry more weight in determining custody.
• Parent-Child Relationship: The nature of the relationship each parent has with the child is an important consideration. If one parent has been the primary caregiver or has had a more involved role in the child’s life, that will likely be taken into account when determining custody.
• History of Abuse or Neglect: Any evidence of abuse, neglect, or substance abuse by one parent will significantly influence the court’s decision. Texas courts take these factors very seriously, and a parent who has a history of harming or endangering the child may lose custody or have limited visitation rights.
• Stability of Home Environment: Courts consider the stability of each parent’s home, including whether they provide a safe, consistent, and nurturing environment for the child. This includes factors such as the home’s location, whether it is a stable living environment, and the availability of extended family or other support systems.

Types of Custody Arrangements in Texas

There are various custody arrangements available in Texas, and the court will craft an arrangement based on the specific needs of the family. Some of the most common arrangements include:

• Joint Custody: This is the most common type of custody arrangement in Texas, where both parents share the rights and responsibilities of making major decisions for the child. While joint custody does not necessarily mean equal time-sharing, it ensures both parents remain actively involved in the child’s life.
• Sole Custody: Sole custody is rare and typically granted in cases where one parent is deemed unfit, usually due to abuse, neglect, or a history of violence or substance abuse. The parent with sole custody will have the authority to make decisions for the child without the input of the other parent.
• Primary Physical Custody: In a primary physical custody arrangement, one parent is designated as the primary caregiver, meaning the child lives with that parent most of the time. The other parent may have visitation or time-sharing rights, which are typically detailed in the possession and access order.
• Equal Time-Sharing: In some cases, parents may be able to share equal time with the child, often referred to as a 50/50 custody arrangement. This arrangement can work when both parents live near each other and are able to cooperate. However, the court will only approve this if it is in the best interests of the child.

A Dallas child custody attorney can help you understand which custody arrangement is most suitable for your circumstances and guide you through the process of securing it.