Child Custody Factors in Texas

Child Custody Factors in Texas

May 13, 2022
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In Texas, child custody is a very important issue that the courts consider with the utmost concern. A child’s future is a priority for all of society. Consider the bigger picture, as the Texas court system does, when you decide which legal team to put together.

The Southlake child custody lawyers at Mims Ballew Hollingsworth | Family Law can help provide you with a top-notch strategy to settle on an optimum custody plan with your co-parent.

Here are some of the main factors the court considers in determining child custody in Texas:

1. Least Disruptive for the Child: 

The court will prioritize what will keep the child’s routine as close to “normal” as possible. For example, switching to a new school during the child’s senior year of high school is considered disruptive.

2. Nature of the Connection or Bond with the Child: 

If the child has a close relationship with one parent and is distant from the other, the court will consider that. The same is considered in relation to sibling bonds as well.

3. Nurturing the Child’s Education: 

The state of Texas supports children’s education as a priority factor in custody cases. A parent that helps with homework attends parent-teacher conferences, and otherwise helps ensure the child is attending school, for instance, might be attractive.

4. Prior Involvement: 

Don’t expect to fool the courts if you’ve been doing the bare minimum or not prioritizing spending one-on-one time with your child. The courts will consider how much you’ve been parenting and how you’ve supported your co-parent up until now.

5. Providing a Healthy Environment:

Parents should have a safe and healthy home environment for their children, and this is a factor the court will examine. If one parent does not have a place for the child to sleep or engages in activities in front of a child that are harmful, it will work against them.

6. Parental Work Demands: 

Texas courts will not punish a parent for working while parenting. However, work schedules might come into consideration. If one parent works or travels for work so much that they cannot ensure the child has proper care, their time might be limited to weekends or fewer weekdays.

7. What the Child Wants: 

Yes, Texas will give some weight to what the child prefers in the custody arrangement. The older the child, the more consideration a judge will give to his or her wishes. A child who can better articulate a solid reason for living with one parent over the other has the strongest case. “Dad has fewer rules” is not likely to sway any Texas judge.

8. History of Violence, Abuse, or Addiction:

As you might imagine, a history of toxic behavior, illegal activity, or really anything that does not nurture a child’s development is a huge negative on your part. A criminal record, even for a non-violent crime or “minor” charge, will not help you make your case.

Speak with Southlake Child Custody Lawyers

There are other factors the courts will consider, but these are some of the most important child custody deciding factors. The experienced, passionate Southlake, Texas, attorneys at Mims Ballew Hollingsworth | Family Law will be happy to help you work with your co-parent to settle on the best child custody arrangement possible. We can also assist if it becomes necessary to take your custody case to court. Contact us today for a free consultation.

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