How is Child Custody Determined?

Mar 30, 2024

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.

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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.

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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How is Child Custody Determined?