How Is Child Custody Determined in Texas?
Determining child custody in Texas will look different in every case, as the judge will consider various factors. Ultimately, the goal is to act in the child's best interests.
Some things the judge will evaluate when determining the child’s best interests include:
- Which parent can care for the child best (both physically and emotionally)
- The living situation of each parent
- Which parent is the most capable parent
- How well each parent works with the other parent
- If a child 12 years or older has a preference
- If either parent has a history of abuse or domestic violence
- Whether or not there is one child or multiple children
- If there is a parent who was already the primary caregiver
Child custody cases can be complicated due to all the factors involved. If you have any questions, do not hesitate to reach out to us.
Contested Custody in Texas
A contested custody case is one in which the parents do not agree on where the child will live, who will make decisions for the child, and who will provide financial support. Even if a matter is contested, both parties can agree to a settlement at any time during the case. Should both parents be unable to reach a decision, a judge will rule in the child's best interests. In these cases, a judge will favor having both parents involved in a child’s life as much as possible, unless there is evidence of abuse or neglect, and will not favor one parent over the other.
You may also contest a custody or visitation schedule if you can prove the other parent is unfit. To do this, you must provide proof, such as photos, videos, medical records, witness statements, or sound recordings proving abuse. A past criminal history or an addiction to drugs or alcohol may also prove that a parent is unfit. The court or a lawyer will then request a home study by an official who will write a report outlining living conditions, the relationship between parent and child, the parent’s availability, the parent's background, employment, and other pertinent matters. The court will then weigh this evidence and make a ruling.
If one parent is deemed unfit, they will be denied custody and/or ordered to partake in supervised visitation, where they must be accompanied by a third party when seeing the child. It is important to note that this does not end the parents’ rights; they will still be responsible for support payments and other matters regarding their child.
When Can a Child Decide Which Parent to Live With?
During child custody hearings, the court will determine which option is in the best interests of all involved children. If the children involved are under the age of 12, only extenuating circumstances such as abuse, neglect, or a history of conflict will impact the court’s decision in this matter. When children are over 12, their wishes, along with other factors, will be considered in determining which parent is awarded primary custody.
Allowing a child’s wishes to be heard does not necessarily mean a 12-year-old is empowered to choose his or her primary residence. However, the child’s wishes will influence the court’s decision and may help determine which parent will maintain primary custody.
To learn more about what to expect, speak with a Pearland child custody lawyer from the Kersh Law Firm, P.C. by calling (936) 297-5016.
