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July 25, 2024

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On behalf of The Powell Law Firm

| Family Law

What Factors Does a Texas Court Consider When Deciding Child Custody?

When a couple with children splits up — whether or not they were ever married — one thing that needs to be decided is child custody. Many parents seem to think they can request sole custody and get it, but that is not often the case.

Texas courts decide on child custody based on various factors. The public policy of Texas is to ensure that children will have frequent and continuing contact with both parents, who can provide a safe and stable environment for the child.

The court makes fair decisions regarding child custody. There is no discrimination based on gender or marital status. A father has just as much right to custody as a mother.

What the Law Says

According to Texas Family Code Sec. 153.001, the best interest of the child shall prevail. The factors that encompass this include the following:

  • The child’s emotional and physical needs. The court evaluates each parent’s ability to meet the child’s emotional and physical needs now and in the future.
  • Parental abilities. The parenting skills and abilities of each parent are scrutinized, including the ability to provide guidance, discipline, and a stable environment.
  • Plans for the child. Each parent’s plans for the child’s future, including education, healthcare, and extracurricular activities, are considered.
  • Stability of the home. The court will look at the stability of each parent’s home environment, including the length of time the child has lived in a stable environment and the desirability of maintaining continuity.
  • Co-parenting ability. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.
  • Child’s preferences. If the child is old enough and capable of making a reasoned choice, the child’s preferences may be considered, typically for children 12 years and older.
  • Health and safety : Any history of physical or emotional abuse, neglect, substance abuse, or other violence by either parent is a critical factor.
  • Parental cooperation. The court will look at each parent’s ability to cooperate and make joint decisions regarding the child’s upbringing.
  • History of care. The court looks at which parent has historically been the primary caregiver and how involved each parent has been in the child’s life.
  • Financial stability. This refers to each parent’s financial ability to provide for the child’s needs.
  • Geographic proximity. This refers to how close the parents’ homes are to each other and the impact on the child’s routine, including schooling and social activities.

Contact Our Texas Child Custody Lawyer The Powell Law Firm Today

Child custody is decided based on state laws. Sole custody is rare, so expect shared custody, as this is in the child’s best interest.

Texas family law attorney The Powell Law Firm will help you create a plan that supports your children. We customize our representation based on the needs of the case. To schedule a consultation, fill out the online form or call 832-850-6095.

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