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September 15, 2024

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On behalf of The Powell Law Firm

| Family Law

What Factors Does the Court Consider When Determining Child Custody?

If you are divorcing with children, you may be concerned about the kids. What will happen to them? Where will they live? Who gets custody?

The court will generally determine child custody. The main factor is defined under Texas Family Code 153.002, or the best interests of the child. A judge must consider the child’s best interest when making decisions about custody, visitation, and child support, but what does this mean?

The Texas Supreme Court has provided a list of factors to consider in cases about child custody, visitation, and support:

  1. The desires of the child
  2. The emotional and physical needs of the child now and in the future
  3. The emotional and physical danger to the child now and in the future
  4. The parental abilities of the person seeking custody
  5. The programs available to assist the parties to promote the best interest of the child
  6. The plans for the child made by the person seeking custody or the agency
  7. The stability of the home or proposed placement
  8. The acts or omissions of the parent that indicate that the existing parent-child relationship is not a proper one
  9. Any excuse for the parent’s acts or omissions

The court can consider other factors as well, such as the following:

  • The child’s wishes. For children 12 years and older, the court may consider the child’s preferences regarding custody, although the court is not bound by these wishes.
  • Parent-child relationship. The court evaluates the emotional and physical needs of the child now and in the future. The court also considers each parent’s ability to meet these needs and foster a positive relationship with the child.
  • Stability of the home. The stability of the home environment provided by each parent is crucial. The court may prefer the parent who can provide a consistent and stable living situation.
  • The child’s emotional and physical needs. The court considers the child’s current and future emotional and physical needs. The ability of each parent to meet these needs is a critical factor.
  • History of domestic violence or abuse. Any history of family violence, child abuse, or neglect by either parent is a significant factor. Texas courts take a strong stance against granting custody to a parent with a history of violence.
  • Geographical proximity. The proximity of each parent’s residence to the other can influence decisions, especially in terms of practical arrangements for visitation and schooling.
  • Parental employment and schedule. The court may take into account the work schedules of the parents and how these might impact the child’s daily life and routine.

Contact Our Texas Child Custody Attorneys at The Powell Law Firm Today

The court tries to be fair when it comes to child custody. Both parents will typically get some degree of custody unless it’s not in the child’s best interest.

Texas family law attorney The Powell Law Firm can help you with your custody issues. Our divorce lawyers help parents create effective parenting plans through negotiation, mediation, and litigation. We have helped parents with child custody issues in the context of many family law matters. Schedule a consultation by calling 832-850-6095 or filling out the online form.

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