Child Custody Battles: How Courts Determine the Best Interests of the Child

Are you a parent who is preparing for a child custody battle in Houston or elsewhere in Southeast Texas? If so, it is imperative that you know how our state handles custody matters. In Texas, the best interests of the child will determine custody and visitation rights. Courts look at many factors to figure out what is best for the child. Our Houston child custody attorney provides an in-depth overview of what parents should know about the best interests of the child in Texas. 

To start, it is useful for parents to understand the terminology that they are likely to come across in a custody case. In Texas, the concept is legally referred to as “conservatorship” rather than custody. However, it is fundamentally the same thing, and you will frequently hear people use the term “custody” as a short-hand. 

A parent with managing conservatorship has the legal right to make major decisions about the child’s life, such as education, health care, and religious upbringing. A managing conservatorship is effectively “legal custody.” It can be joint (shared by both parents) or sole (given to one parent).

On the other hand, the term “possession and access” is what Texas laws use for what most people call visitation. Possession and access define when each parent has physical time with the child. The Standard Possession Order (SPO) is commonly used by courts to set a parenting schedule, but parents can and often do agree to customized plans.

Under Texas law (Tex. Fam. Code § 153.002), the best interests of the child standard is used to determine custody and visitation rights. Here are the key things that parents need to know: Texas courts put a strong priority on finding a custody arrangement that best protects the child’s health, safety, future, and overall well-being. Parental preferences are secondary to what is best for the child.

The best interests of the child standard is comprehensive. Courts in Texas are empowered to consider a wide variety of different factors to determine what specific arrangement is best for the child(ren). Custody is always a case-by-case matter in Texas. Here is an overview of some of the most important factors that courts consider in child custody cases:

• The Child’s Physical and Emotional Needs: A child’s actual physical and emotional needs matter. In Texas, courts generally start by evaluating whether each parent can meet the child’s basic needs, such as food, shelter, emotional support, and medical care.
• Demonstrated Parental Abilities: Texas courts also consider a parent’s relationship with the child and their parental abilities as they have been demonstrated in practice. A history of active involvement in the child’s life strengthens a parent’s case.
• The Stability Each Parent Can Provide: Stability matters. It is considered best for children to have a stable home life. Texas courts look at which parent can offer a stable and secure living situation. Frequent moves, unstable employment, and other issues can be red flags.
• Willingness to Work in Good Faith: Texas courts strongly favor parents who are willing to support the child’s relationship with the other parent. A parent who tries to alienate the child or speaks poorly of the other parent may actually undermine his or her own case.
• The Child’s Wishes (Age and Maturity Matter): Child preference can be a factor. Under Texas Family Code § 153.009, if the child is 12 years or older, the court must interview them in chambers if a party requests it. Even younger children’s preferences can be considered.
• History of Parental Misconduct: Finally, Texas courts will carefully review any allegations and/or history of parental misconduct. Among other things, this includes alcoholism, substance abuse, domestic violence, parental neglect, and criminal charges.

It is important to emphasize that Texas courts weigh all of the factors together to make a judgment call about what arrangement is in the best interest of the child. In other words, there is no single formula and no one factor that automatically determines the outcome. Instead, judges consider the totality of the circumstances—they can look at all relevant factors as a whole to determine what promotes the child’s physical, emotional, and developmental well-being.

Note: The specific circumstances always matter. Some factors may carry more weight in a particular situation. As an example, if a child has special needs, parental ability to manage their unique medical care could be a big factor in a custody case.

As a parent who finds themselves in a custody battle in Houston or elsewhere in Southeast Texas, it is crucial that you are ready to show that you can fight for your rights. Remember, in Texas, parents should absolutely be prepared to demonstrate—with evidence—that they can best support their child’s physical, emotional, and developmental needs. Courts want proof of active parenting, stability, and a willingness to foster a healthy relationship with the other parent. By demonstrating what you can do as a parent, you will be in the best position to get a favorable conservatorship and possession order in your child custody case. You do not have to take on the process alone. A top-tier Houston, TX, child custody attorney can help

At Thornton Esquire Law Group, PLLC, our Houston child custody attorney is standing by, ready to protect your rights and your interests. If you have any questions about the best interests of the child standard, we can help. Call us at (888) 378-1784 or contact us online to set up a completely confidential, no-obligation initial case review. With an office in Houston, we provide child custody representation all across the wider region in Southeast Texas, including in Harris County, Montgomery County, Galveston County, Brazoria County, and Fort Bend County.