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How is Child Custody Determined in Texas?

How is Child Custody Determined in Texas?

When a couple is going through a divorce, the court will need to determine some sort of child custody arrangement for the children involved. Parents often want to know their chances of receiving custody or what type of joint or sole custody might be decided. When determining custody, most courts use a standard that prioritizes the best interests of the child. There are many factors that play into the decision, including:

  • the child's age and sex
  • the mental and physical health of the child and the parents
  • each parent's lifestyle and habits
  • the emotional bond present between the child and parents
  • the parent's ability to provide guidance to the child
  • the parent's ability to provide for the child in general, with food, clothing, etc
  • the current living pattern of the child
  • the impact that change may have on the child

There are countless other factors that may affect the decision of the court. Oftentimes, they can look at the quality of life that the child has with their community, education, religious institution, etc and determine if that should be preserved or changed. Also, if the child is above a certain age, their preference may be taken into consideration. The court will see if these factors lead to a favored parent or not and their decision will be made accordingly. Generally, parents will share the rights and duties of parenting the child, but they may not be shared equally. Joint custody is preferred because having both parents involved in the child's life holds value. There are times; however, when one parent is deemed unfit and the other parent can receive sole custody. The final court order binds the parents to the agreement and if the result is unfavorable, the parent can bring the issue back before the court at a later date. If you have questions regarding child custody or need assistance in your custody battle, contact a Deer Park divorce lawyer from Slate & Associates, Attorneys at Law today.


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Please note, the attorneys at Slate & Associates, Attorneys at Law, are only licensed to practice in the state of Texas, and cannot assist with out-of-state cases.