How is Child Custody Determined?

How is Child Custody Determined?

Mar 30, 2024
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If you are going through a divorce or separation in Texas and you have children, one of your biggest concerns will most likely be how child custody is determined. It is possible to amicably work out a custody arrangement with your partner and confirm the schedule through meditation. Unfortunately, many couples are not in agreement on custody or divorce terms in general and will need to rely on the courts to set the schedule. 

The best way to get an idea of custody options in your case is to consult a child custody attorney in Fort Worth directly. 

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How the Texas Courts Determine Child Custody

While custody arrangements vary from case to case, there is a specific standard that governs how child custody is determined in Southlake divorce cases. In Texas, the court’s top priority will be to consider what is in the “best interest of the child.” 

Some of the top factors that the courts will review when determining a child custody arrangement include but are certainly not limited to: 

  • Parenting abilities and stability of the home – What type of environment is present for the child at each home? Does it provide stability and a setting that is comfortable? Will the child be moving or living with new siblings or relatives? The court will consider all of these factors.
  • Emotional and physical needs of the child – Is the child currently in any physical or emotional danger in one household? Has there been a history of abuse or neglect? This plays heavily into the court’s decision. 
  • The request of the child – There are times when a child actually requests to spend more time or all of their time in one parent’s home because they are more comfortable there. If they are old and mature enough, the court can consider this. 

Your attorney can help guide you through this process and collect supporting documentation to show the court and back up your child custody request. 

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We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

The Court Doesn’t Always Decide Child Custody

There are times when the court does not have to determine your custody arrangement. Instead, parents can cooperate and decide how they want to share custody of their child. If they come up with an arrangement, and the court agrees it is in the best interests of the child, the court can simply grant it as part of the divorce decree. This gives parents much greater control over the situation and their future with their child. A custody attorney can help negotiate an arrangement that works for everyone.

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Talk to an Experienced Fort Worth Child Custody Lawyer Today

Child custody is one of the most stressful and challenging aspects of a divorce, and it is advisable to speak with an experienced family law attorney as soon as possible. Our team at MBH Fort Worth Family Law is committed to helping our clients navigate the child custody process in Texas. 

To schedule a free initial consultation, contact us online or call us today at 817-476-7964. We are here and ready to help you get started.

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Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

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    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

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    Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

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    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

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    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

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    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

    Dante Martinez
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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

    Autumn Colson
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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

    James Homerstad
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    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

    Heather Varon
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    Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

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    Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

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