About Us Peter Corcoran, Esq.
Peter Corcoran, Esq.
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How Is Child Custody Determined In Texas Family Court?
When you’re preparing for a future child custody case , it’s natural to be concerned or worried about what will happen in the future. You may have questions about procedures or be wondering how you can set yourself up for the best possible outcome.
Whether you’re anticipating a custody dispute as part of a divorce or you’re considering a standalone custody filing, understanding how the process works can help you feel more confident and secure during an emotionally taxing time.
Family courts take child custody seriously and base their decisions on a range of factors before reaching a final judgment. Below are some of the most frequently asked questions by parents in Texas regarding custody determinations.
What Factors Do Courts Consider For Custody?
In the state of Texas, courts typically evaluate custody based on a “best interest” standard, which centers on what your child needs the most. They will consider factors such as emotional and physical needs, household stability, parenting history, and the presence of any safety concerns, if applicable.
A helpful tip if you’re concerned is to start documenting important information about your child in order to demonstrate stability. Proper documentation may include school reports, medical records, and other relevant documents. It’s not necessary, but it can be a valuable resource.
What Is The Difference Between Legal And Physical Custody?
Confusion between legal and physical custody is common because Texas operates under a conservatorship model, which creates a distinction between the two roles as possessory conservatorship and managing conservatorship.
Possessory conservatorship refers to the child’s living arrangement and the division of time between the two parents, whereas managing conservatorship refers to a parent’s right to make important decisions for their child, such as those involving education or medical care.
Typically, Texas courts favor joint managing conservatorship, which enables both parents to share legal rights and responsibilities; however, that doesn’t mean the time they spend with their child is split evenly. One parent may be named the primary conservator and have the child living with them most of the time, while the other parent has to follow a possession schedule.
Can A Child Choose Which Parent To Live With In Texas?
In Texas, if your child is 12 years old or older, their voice matters during custody proceedings. During the case, they will be interviewed by the judge or a court-appointed evaluator in order to determine their preferences.
That being said, while the child’s voice matters, they do not get the final word. The judge will take their preference into account but will still consider the broader picture and make the final decision based on what is believed to be in the child’s best interest.
How Can A Parent Lose Custody Rights?
A parent can lose or have their custodial rights reduced if it is determined that their behavior significantly endangers their child. This could include substance abuse, domestic violence, neglect, or a repeated violation of court orders.
In such situations, the primary focus of the court system is not to punish the parent, but to protect the child. Which means there will be an aim to preserve the parent-child relationship where possible. It is far more common for a parent to be granted supervised visitation rather than total separation, unless absolutely necessary.
How Do Courts Handle Custody Modifications?
In Texas, the court will consider modification of a custody order only when a serious or substantial change has occurred.
These changes could be relocation, shift in health or income, or a change in job status. For example, if you get a new job and are forced to move far away, that might qualify as a serious or substantial change.
Another circumstance that the court would consider relevant for a request for modification is if there has been a change in your child’s needs. If your child has reached the age of 12 or older and makes a request to live with another parent, or if you have taken on responsibilities as the primary caregiver.
If there has been a serious or substantial change and you’re wondering if you qualify for a custody modification, your best option is to contact a family lawyer as soon as possible so you can go discuss the details of your situation and determine the best course of action.
Peter Corcoran is the founder of The Corcoran Law Firm. He graduated from law school in 2001 from The American University Washington College of Law in Washington, DC and from the Georgetown University Law Center in 2007.