by Mokolo LawHow Is Child Custody Decided In Texas?
Child custody is one of the most important and challenging processes that parents face during a divorce. Children are often the most valuable shared responsibility for which a divorced couple must make arrangements. There are several types of child custody agreements that a couple may choose from, or that a court may determine to be in the best interest of the child. While joint custody is a common form of split custody, there is often one parent who holds primary physical custody, even though both parents share legal custody. In other situations, the court may find it more appropriate to grant one parent sole custody of the child.
Under Texas law, courts are required to make child custody decisions based on what serves the best interest of the child. Judges encourage parents to first attempt to reach an agreement through mediation. If the parents are unable to resolve matters on their own, a family court judge will intervene.
Factors That Influence Child Custody in Texas
The court considers multiple factors to determine the best environment for a child’s growth and well-being. Some of the key elements that influence the court’s decision include:
- The specific needs of the child
- The parent–child relationship prior to the separation
- Records of domestic violence or other criminal behavior
- The stability of each parent’s home environment
- The quality and continuity of the child’s education
- Each parent’s employment status
The court may also take into account the child’s personal preferences, depending on the circumstances. Using these factors, the judge will determine the most suitable custody arrangement for the child.
Types of Custody in Texas
Texas recognizes three primary types of conservatorship:
Joint Conservatorship
In a joint conservatorship, both parents share custody. This does not necessarily mean the child will spend equal time with both parents. Rather, it means both parents have the right to participate in decisions regarding the child’s moral and religious upbringing, medical care, and other key aspects of their welfare. They also share duties in providing for and protecting the child.
Sole Conservatorship
Sole conservatorship is the Texas equivalent of sole legal custody. In this arrangement, one parent is given the primary right to raise the child and make key decisions regarding their care.
Possessory Conservatorship
A possessory conservator is a parent who has visitation rights. While they can spend time with the child, they do not hold the same decision-making authority as the custodial parent.
Court orders often define parental rights on a case-by-case basis. For instance, even within a joint managing conservatorship, the court may give one parent the exclusive right to determine the child’s primary residence. Ultimately, the court’s objective is to ensure that the custody arrangement serves the child’s best interests.
Rights of a Parent Without Legal Custody in Texas
In accordance with Texas law, a possessory conservator may still retain many rights similar to those of a managing conservator. The specific rights and responsibilities are outlined in the court’s custody order. A lack of decision-making rights does not exempt a parent from responsibilities. For example, even if a possessory conservator has limited authority over the child’s upbringing or medical decisions, they may still be required to pay child support.
Final Thoughts On How Is Child Custody Decided In Texas?
Texas courts typically presume that shared custody is in the child’s best interests. However, this does not mean that all duties must be divided equally. Parents are expected to create a parenting plan that addresses their child’s needs.
Contact a Texas Child Custody Attorney
Working with an experienced Texas lawyer is crucial when dealing with child custody matters. A child custody attorney can assist in negotiating custody arrangements or recommend mediation if discussions break down. At Mokolo Law Firm, we are here to help if you have further questions or need legal support with a child custody case.