Divorce can be challenging, especially when children are involved. One of the most important decisions in a Texas divorce is who will have custody of the children. Texas child custody laws, referred to as conservatorship laws, aim to protect the child’s well-being by guiding decisions that prioritize their best interests.
Understanding conservatorship in Texas
In Texas, law refer to child custody as “conservatorship.” Typically, the court designates both parents as joint managing conservators. This means they are responsible for making decisions for their child’s welfare, such as education, health, and upbringing. In some situations, one parent may become the sole managing conservator, particularly if the other parent has a history of abuse, neglect, or substance issues.
The primary managing conservator has physical custody of the child and is the parent the child lives with most of the time. The other parent might have the right to visit the child, but they won’t have a say in decisions regarding the child’s future.
Factors courts consider for custody
Texas courts consider numerous factors before deciding who will have custody of the child. The most significant factor is the child’s well-being. The judge will look at the ability of each parent to provide a stable and nurturing home. They also consider any history of family violence, neglect, or abuse. The court will also consider a parent’s involvement in the child’s life before the divorce.
If a parent has trouble communicating or co-parenting with the other parent, this may impact the decision. Additionally, the court considers the proximity of each parent’s home to the child’s school, friends, and activities.
What about the child’s wishes?
Sometimes, Texas courts will consider the child’s wishes, especially if the child is over 12 years old. If the child can clearly explain their reasons for wanting a particular custody arrangement, the judge will consider their opinion.
Texas child custody laws aim to keep the child’s best interests as the top priority. In a divorce, both parents may share custody, or one parent may be granted primary custody depending on the circumstances. If you face a custody dispute, seeking legal guidance can help you understand your rights and protect your child’s future.