How Texas Courts Decide Who Gets Primary Custody

When parents are no longer together, both legal and physical custody must be established. Legal custody refers to parental decision-making authority, and physical custody refers to parenting time. In some cases, both are shared relatively equally, but in others, one parent fills the primary custodial role. This generally means having the children for most of their overnights and having the exclusive right to determine the children’s primary residence within the geographic restrictions set by the court.

Primary custody decisions in Texas are always based on the children’s best interests. Our experienced Pearland, TX, child custody attorneys at The Powell Law Firm are standing by to help you.

Legal Custody

Texas courts begin with the legal presumption that parents will share legal custody, which is called joint managing conservatorship. This presumption, however, can be rebutted in response to specific circumstances.

The kinds of decisions addressed by legal custody include primary matters like the children’s education, health care, participation in extracurricular activities and travel, and religious education. Sometimes, one parent is awarded tie-breaking authority, and in some other instances, this decision-making authority is divided between the parents along the lines of category.

The Children’s Safety

Texas courts turn to the best interest factors to make child custody determinations. If, however, there is a proven history of child abuse or neglect or of domestic violence, the children’s overall safety becomes the primary concern.

Best Interest Factors

Texas courts carefully consider each child custody case in the context of the involved children’s best interests, and in the process, they turn to best interest factors like the following:

• The children’s physical and emotional needs and each parent’s ability and willingness to effectively address them
• Each parent’s historical level of involvement in raising the children
• Each parent’s commitment to working with the other as effective co-parents
• Each parent’s commitment to fostering a close relationship between the children and their other parent
• The level of stability that each parent’s home affords the children
• The preferences of those children who are considered mature enough to participate, which generally means being at least 12 years old
• The distance the parents live from one another, which can play a key logistical role
• How well the status quo, or the children’s current living situation, serves their needs in terms of their home, education, and community
• The depth of the relation between each parent and the children

Working closely with a dedicated child custody attorney helps to ensure that your rights as a parent will be well-protected.

Turn to Our Experienced Pearland Child Custody Attorneys for the Help You Need

Our knowledgeable Pearland, TX, child custody attorneys at The Powell Law Firm will spare no effort in our focused pursuit of child custody terms that work well for you and your children. The outcome of your case is important, so please don’t wait to reach out for more information about everything we can do to help by contacting us online or giving our firm a call at 832-850-6095 today.