Child custody is an emotional and sometimes contentious matter that follows a divorce or separation. In Texas, any decisions made regarding the custody of a child are determined based on the child’s best interests and whether they support the child’s long-term stability and well-being.
If you have children and are facing a divorce or separation, it’s common to feel uncertain or stressed about custody conversations. However, an experienced family law attorney can help you understand what the courts consider when determining which parent the child will live with and how you can use these factors to present a strong case for custody.
With offices in Conroe, Huntsville, and The Woodlands, Texas, Bloodworth Law Firm, PLLC, is experienced in helping families like yours approach child custody decisions with knowledge and confidence. Reach out today to explore how child custody is determined in Texas and how you can advocate for your child’s best interests.
The “Best Interests of the Child” Standard
Under the Texas Family Code § 153.002, child custody is determined using the “best interests of the child” standard. This means that all decisions regarding the child's care, custody, and decision-making must be made based on what is best for the child, not for either parent.
Child custody cases can be challenging, especially when divorce or separation is particularly contentious. The goal of making custody decisions in the child’s best interests is to prioritize the child’s safety, security, and physical/emotional needs. To do so, the courts will consider specific factors to protect the child’s well-being.
Factors the Courts Use to Determine Child Support
When determining child custody in Texas, the courts will consider the following factors to establish a custody order that serves the child’s best interests and provides for their security and safety. While other factors may also be determined depending on the circumstances of the case, the key factors the courts will examine, as established by Holly vs. Adams, include:
The child’s emotional and physical needs: This includes the child’s current and future education, healthcare, mental health, and daily needs.
The parental ability of the parent seeking custody: Whether the parent has the financial, physical, and emotional capability to care for the child and meet the child's needs.
Any emotional or physical danger to the child: Whether there are any immediate or future dangers that the child might be exposed to.
The child’s own desires: Depending on the age and maturity of the child, their wishes may be taken into account.
The stability of the child’s home environment: Whether the parent seeking custody can provide a stable and safe home for the child.
The plans for the child: What plans does the custody-seeking parent have for the child to ensure their safety and well-being?
The available programs to help with the child: Whether there are any services the custody-seeking parent might use to help promote the child’s best interests.
Parental acts and omissions: Any statements, actions, or omitted information made by the parent that could indicate their parent-child relationship is improper.
Excuses for parental behavior: Any excuses or reasoning provided by the parent seeking custody to justify their actions or omissions.
These factors are designed to prioritize the child’s best interests when determining custody and to make sure the parent seeking custody is positioned to uphold the child’s safety and well-being following the court’s decision. An experienced child custody attorney can help you understand how these factors could impact your ability to maintain custody of your children.
How the Courts Handle Child Custody Modifications
Life is rarely stagnant, and a child custody order established after a divorce or separation may not be suitable in the long run. Under Texas law, child custody orders can be modified, so long as the requested change remains in the child’s best interests.
For example, if a parent moves out of state, if there are changes in the child’s medical, educational, or emotional needs, or if safety concerns arise, the courts may decide to amend the existing order to provide for the child.
To file for a modification in Texas, you will need to submit a Suit Affecting the Parent-Child Relationship (SAPCR) form with the court that has jurisdiction over your case and provide evidence of a substantial change in circumstances. It will be up to the court to determine whether the proposed change aligns with the child’s best interests, and you will be required to maintain the original custody agreement until the court rules.
Contact an Experienced Child Custody Attorney in Texas Today
Child custody is taken seriously by Texas family courts. If you are facing a divorce or separation that involves children, or are looking to modify an existing child custody agreement, an experienced family law attorney can help you understand the factors the courts will consider to determine custody and how you can strengthen your custody or modification claim.
With offices in Conroe, Huntsville, and The Woodlands, Texas, Bloodworth Law Firm, PLLC, provides family representation throughout Texas. Reach out today to schedule a free case evaluation and explore your options for pursuing custody for your child after a divorce or separation.
