What Factors Affect Child Custody Decisions in Texas?

When you search for issues relating to child custody, you’ll find that the internet is full of disinformation, most of which seems to be written to make divorcing or separating parents anxious about their future with their children. At Hoelscher Gebbia Cepeda PLLC, in San Antonio, TX, we believe that the best foundation to any case is understanding what the law actually says. If you are looking for a San Antonio child custody attorney to help you, then read on to find out what the facts of the law are.

What Factors Affect Child Custody Decisions in Texas?

There are several key factors that are used to determine child custody, but they might not be what you think. By law in Texas, both parents are considered to have the same rights and duties when it comes to their child or children. These rights include the right to have ongoing involvement in your child’s life, an ongoing relationship with them, and to see them frequently.

Types of Custody

In Texas, though “custody” is still the term used colloquially, there are actually different terms to describe the legal situation existing between parent and child.

Conservatorship

Conservatorship is the legal term for the right to make decisions about the rights of your child. You may have heard it commonly referred to as “legal custody.” There are various types of conservatorship that a court may order for a child.

Joint Managing Conservatorship

It is the default position of the law that both parents should have the right to a say about the child’s education, religion, healthcare, and upbringing, and will have to make decisions about these things together. This is called a joint managing conservatorship. Being granted a joint managing conservatorship does not mean that there is an assumption that both parents will spend the exact same amount of time with their children.

In some joint conservatorship orders, one parent will have the right to decide where the child lives (usually within a specified geographical area). In this case, the parent who has this right is referred to as the custodial parent, and the other parent as the noncustodial parent. In other joint conservatorship orders, neither parent will have the exclusive right to decide on a child’s living location, but the living location will be restricted to a certain geographical area, such as a county or a school district.

Sole Managing Conservatorship

In cases where there has been family violence, or where a parent is not deemed suitable to make decisions for the child about their upbringing, the court may grant conservatorship to one parent only, which is known as a sole managing conservatorship. This arrangement means that one parent will have the right to final decisions on how the child is raised but does not remove other parental rights and duties from the other parent.

Possessory Conservatorship

If one parent is named sole managing conservator, the other parent is named possessory conservator, unless the court believes that doing so would result in harm to the child. Among other parental rights, a possessory conservator has the right to be told important information about their child, to confer with the other parent about the upbringing of their child, and to care for, protect, and support their child when the child is in their possession.

Possession and Access

The terms possession and access refer to the rights and schedule for when a parent can spend time with their child. These terms are used instead of “visitation” or “physical custody” to emphasize parental rights and responsibilities. “Possession” is the physical custody of the child during specific periods, such as weekends, holidays, or summer vacations. “Access” is the right to communicate with the child or spend time with them in ways other than physical possession, such as through phone calls or virtual meetings.

The Best Interests of Your Child

The court, in making its decisions, must consider what is in the “best interests of the child” when making rulings on cases involving children. There are certain presumptions of what is in a child’s best interest, such as a joint managing conservatorship or ongoing contact with siblings. However, if you believe that those default presumptions will not be in the best interests of your child, you can rebut them with evidence.

Your Child’s Needs

To determine what is best for your child, the court will consider various aspects of their life. They will consider your child’s emotional and physical needs, both now and in the future. They will assess whether each parent is able to provide a stable, safe, and nurturing environment, with consistent housing, schooling, and care. The court will also examine the quality of your child’s relationship with you and their other parent.

Your Parenting and Co-Parenting Skills

This will involve aspects of your life like your parenting skills, the history of care for your children, and your involvement in their lives. Aspects such as who has been the primary caregiver are considered but are not the only deciding factor. Courts will also try to determine the willingness and ability of each parent to cooperate and communicate. It is best to show that you are willing to work together for the good of your child and resolve any conflicts in a way that prioritizes the child’s well-being over inter-parental grievances.

Your Actions and Morals

Parental conduct and morality are also an area that the court will consider in assessing parental rights. A significant criminal history, ongoing legal issues, substance abuse, or immoral conduct can lead a court to decide that the child’s best interests are not served by a joint managing conservatorship. Similarly, a history of abuse or neglect on the part of one parent can lead to the court deciding to curtail their parental rights to mitigate the chances of further harm to the child. A parent with a history of abuse or neglect may face restricted rights of conservatorship, possession, and access.

Your Child’s Preferences

If your child is aged 12 years or older, the court may consider their own preferences. The judge may speak with your child in chambers to see if they have any wishes, preferences, or thoughts about their future living situation. While a child’s preference can be important, it is not the sole determining factor of custody or of what is in their own best interests.

Consult a San Antonio Child Custody Attorney

Every family law case is unique, and the factors a court will consider in deciding on child custody go beyond what we have had time to mention above. For tailored advice on your own specific case, it is best to consult an experienced custody lawyer.

Texas family courts have one guiding principle in deciding on a child’s living situation when parents are divorcing or separating: the best interests of that child. To make sure that the court sees how you contribute to those best interests, get in touch with us at Hoelscher Gebbia Cepeda PLLC, in San Antonio, TX.