Custody cases in Texas are often complicated due to the numerous factors that require consideration. However, the court will always consider the best interests of the child over the parents’ preferences to reach a ruling. Learning the different factors a Texas court will use to decide the outcome of your case could help you protect your parental rights and ensure your child gets the best care possible.
What does the Texas Family Code state?
According to the Texas Family Code, the court will primarily consider the best interests of the child to decide a resolution on issues involving conservatorship of and access to your child. A judge’s decision ensures that your child receives a proper upbringing.
The code doesn’t explicitly state the factors regarding your child’s best interests, but courts often use the Holley v Adams case from 1976 as a reference. The case listed the following factors:
- A child’s desires
- A child’s current and future emotional and physical needs
- The emotional and physical danger to the child
- The parents’ abilities to care for the child
- The programs available to assist the parents in promoting the child’s best interests
- A stable home environment
- A parent’s actions or failures to act that suggest an existing unhealthy parent-child relationship
- The plans for the child’s upbringing created by the parents or an agency
- Any excuse for the acts or omissions of a parent
However, the judge may still consider other factors outside of this list to further understand the situation before moving to a decision. These may include, but are not limited to:
- A child’s age as well as their physical and mental vulnerabilities
- A history of abusive or assaultive behavior by the child’s family or others with access to the home
- The frequency and nature of out-of-home placements
- A plan including services to help the child transition from foster care to independent living, for children aged 16 years and above
- A set of parental agreements
- A testimony from expert witnesses
Because of the numerous points to consider, a child custody case in Texas may take a long time.
Do your wishes as a parent affect the court’s decision?
Unfortunately, your wishes or preferences as a parent may not carry significant weight in the court’s decision. The judge remains objective and only considers the best arrangement for your child’s health, wellness, and safety.
Although having a court order is one way to settle child custody, you can also opt for building a custody plan with your partner. Texas courts promote co-parenting so you and your ex-partner are physically, mentally and emotionally present in your child’s life.