What Does a Judge Look for in a Child Custody Case?
Are you a parent of young kids and/or teenagers in Texas who is going through a child custody case? You may be wondering what the judge will be looking for when making a decision. The key thing to know is that custody determinations in Texas are made in the best interest of the child. Many different specific factors can be evaluated to figure out what type of custody arrangement is best for a child’s health, safety, and well-being. Within this article, our Pearland child custody attorney highlights the key factors that a judge will consider in a custody case in Texas.
The Foundation: Best Interests of the Child Standard
As explained by the State Bar of Texas, courts are required to “consider the “best interest” of the children” when handling child custody cases. In other words, what type of custody/visitation arrangement is best for the health, safety, emotional well-being, and social development of the child is the priority of the court. What the parents want is only a secondary factor.
An Overview of the Best Interests of the Child Factors in Texas (Custody Cases)
How do courts in Texas decide what is in a child’s best interest? The answer is case-specific. There are a wide variety of different factors that can be considered and evaluated. Here is an overview of the main child custody factors in Texas:
- Emotional/Physical Needs of the Child: Judges will consider the child's emotional and physical needs. The court will focus on each parent’s ability to provide a nurturing, secure environment that supports the child's health and emotional well-being.
- Parental Ability: Judges also evaluate each parent's capacity to care for the child. Examples of key issues include their ability to provide guidance, education, and the basic necessities of life. A demonstrated positive relationship between a parent and child is evidence of ability.
- Household Stability: Stability matters. Courts look at the consistency (and safety) of the living environment each parent can offer. There is an emphasis on the importance of a stable and secure home that supports the child's development.
- Child Preference (12+): Children do not get the final choice on custody, but their opinions matter. Texas law takes into account the wishes of children aged 12 and older if they are deemed mature enough to make an informed decision.
- Any Parental Misconduct: Texas will also consider the impact of any negative behaviors by the parents. The most common examples are alcohol misuse, substance abuse, domestic violence, and parental neglect.
Get Help From Our Pearland, TX, Child Custody Attorney for Immediate Family Law Help
At John Powell III, P.C., our Pearland child custody attorney invests the time and resources to help parents resolve issues. Do you have specific questions about child custody factors? Contact our legal team today for your confidential, no-obligation initial case review. From our law office in Pearland, we handle child custody matters in Brazoria County, Harris County, and Fort Bend County.