How Child Custody Is Determined in Texas Courts

Child custody disputes can involve important decisions about where a child will live, how parents will share parental responsibilities, and when each parent can spend time with the child. A child custody attorney in Fort Worth from the Law Office of Kyle Whitaker can help parents understand how Texas courts make decisions about conservatorship, possession, and access to children. 

Understanding Child Custody in Texas

Texas law uses the term “conservatorship” instead of simply referring to child custody. Conservatorship addresses the rights and responsibilities parents have regarding their children. A court may appoint parents as joint managing conservators or appoint one parent as the sole managing conservator.

The court may also establish a possession and access schedule. This schedule determines when a parent can spend time with the child. Parents may agree to a fair schedule together, but the court may create one when the parents cannot reach an agreement.

When creating a schedule for the family, courts follow Texas Family Code Section 153.002. This statute states that the best interest of the child is the primary consideration in determining issues of conservatorship, rather than simply granting one parent a preferred outcome.

Factors Texas Courts Consider in Custody Cases

Texas courts can consider many circumstances when determining what arrangement serves a child’s best interests. The court may consider the child’s physical and emotional needs, the ability of each parent to provide a stable environment, and the relationship between the child and each parent.

The court can also consider evidence involving each parent’s involvement in the child’s life. This may include a parent’s ability to provide care, support the child’s education, maintain a safe home, and encourage an appropriate relationship between the child and the other parent.

Evidence of family violence, abuse, neglect, or other conduct that could place a child at risk can also affect the court’s decision. The circumstances of each family are different, so parents should present evidence that explains their individual situation and the needs of their child.

How Parents Can Prepare for a Custody Case

Parents involved in a custody dispute should take the court process seriously. Maintaining organized records can help demonstrate a parent’s involvement in the child’s life and provide evidence relevant to the issues before the court. Important steps can include:

• Keep records of parenting time, school activities, medical appointments, and important communications.

• Follow existing court orders and comply with scheduled possession periods.

• Avoid making negative statements about the other parent around the child.

• Gather documents and other evidence that may help explain the child’s needs and your ability to provide appropriate care.

Get Knowledgeable Legal Representation From a Fort Worth Child Custody Lawyer

Our Fort Worth child custody lawyers can work with you to develop a legal strategy based on the circumstances of your family and the issues involved in your case. If you need help with a custody dispute, contact our firm today online or by calling 817-332-7703. The Law Office of Kyle Whitaker is ready to discuss your situation and explain how our team can help protect your parental rights.