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How Is Child Custody Determined In Texas?

Boyd Family Law April 5, 2023

While I cannot provide legal advice or guarantee a specific outcome of a case without discussing the facts in detail with a client, I can provide some general information on what factors may be considered in Texas when determining custody arrangements.

In Texas and in an original custody proceeding, “custody” (called Joint or Sole Managing Conservatorship)  is based on the “best interests of the child”. When determining custody, the court considers a variety of factors, including:

  1. The emotional and physical needs of the child;

  2. The ability of each parent to meet the child's needs;

  3. The stability of each parent's home environment;

  4. The relationship between the child and each parent;

  5. The child's preferences, if the child is old enough to express a preference;

  6. The ability of the parents to cooperate and make joint decisions regarding the child's upbringing;

  7. Any history of family violence, substance abuse, or other negative factors that may impact the child's safety and well-being.

To increase your chances of winning primary custody in Texas, you will want to consider presenting evidence that demonstrates your ability to provide for the child's needs, create a stable and safe home environment, and foster a positive relationship with the child. You may also want to demonstrate your willingness to work with the other parent and make joint decisions in the best interests of the child.

It is important to note that custody cases can be complex and require the assistance of an experienced family law attorney. I can help you understand the legal process, gather evidence, and present your case effectively in court.