How is child custody determined?

In Texas, child custody is determined according to the best interests of the child. This is in accordance with the Texas Family Code. Factors that are taken into consideration when awarding custody include the age and health of the child and parents, the quality of the home environment, the ability of the parent to provide care for the child, and the geographical proximity of the parents. The court will also consider the emotional and financial needs of the child, the child’s preference if old enough and evidence of family violence. If there is evidence that a parent has committed family violence, the court may order supervised visitation or deny visitation altogether. During the divorce process, the court may decide to appoint an amicus attorney – a lawyer appointed to represent the best interests of the child. This lawyer will investigate the case and submit a report to the court, which may be used to inform the court’s decisions. The court may decide that joint custody is the most suitable arrangement, where both parents have legal rights and responsibilities for the child. This decision is based on the same factors that determine sole custody. In some cases, the court may also order a temporary custody arrangement. The court will make its decision based on the factors that are believed to be in the best interests of the child. In doing so, the court will consider all of the evidence to ensure that the child’s needs are met and that the child is placed in the safest and most stable environment.

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