Child Custody: What Texas Family Courts Consider

Child custody is often the most emotionally charged issue in a divorce. “How will this affect the kids?” is the first thing most parents wonder about divorce. And fear of losing time with a child can be devastating.
In Texas, there are several things that family courts consider when making decisions about child custody. Here’s an overview from the lawyers at our Ft. Worth law office.

Conservatorship, Possession and Access

Texas divides child custody into two categories: conservatorship and possession/access:

The “Best Interests of the Child”

When deciding child custody matters, Texas courts use a “best interests of the child” standard, which was outlined in a case called Holley v. Adams. The case involved termination of parental rights, but courts have said that they should apply in all child custody cases.
There are many factors listed in Holley, including:

Each Case Is Different

Each child custody case is different. For example, when judges apply the “best interests of the child” standard to very young children, they often give the child’s preferences less weight than they would if the child was older. Older kids get more of a say in where they would like to live and who they would like to make their decisions.
Conversely, with babies, courts consider how well the parent is prepared to deal with the baby’s basic needs–like eating, sleeping and having diapers changed. These things naturally become less of a concern as the child grows older.

Questions About Your Child Custody Case? Ask a Lawyer.

Because each case is different, it’s important to talk with an attorney about the facts of your case. Don’t just rely on internet research. Instead, schedule a confidential consultation. You can get started by contacting the Ft. Worth office of the Schneider Law Firm, P.C., at 1-817-755-1852.

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