Protecting Your Family's Future

Child Custody in Texas – The Factors the Court Will Consider

Child Custody in Texas

Child Custody in Texas

Under Texas family laws, the courts are required to give priority to the “best interests of the child” when making determinations related to child custody in a divorce proceeding. Among the factors the court many consider when determining what’s best for the child are:

  • The respective parenting abilities of the parties
  • The existing and potential needs of the child, both physical and emotional
  • Any potential or existing risks to the child related to either parent
  • The stability of the respective parental homes
  • Whether either parent has engaged in any activity (or failed to engage in any necessary actions) that may reflect unfitness as a parent
  • Any programs available to help parents meet the standards set by law
  • The preferences of the child, if the child is at least 12 years of age

Custody in Texas can take a couple forms—a managing conservatorship or a possessory conservatorship. A managing conservatorship addresses decisions about a child’s welfare, whereas a possessory conservatorship simply looks at access to and visitation with a child. Courts prefer to award joint managing conservatorship, but it’s pretty typical that the child still reside primarily with one of the parents.

Contact Us

At the office of Linda Stewart Law, PLLC, our Baytown family law attorney brings more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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