How Do Parents Decide Custody of a Child During a Texas Divorce?

 Posted on August 26, 2022 in Family Law

Making decisions about your children during divorce can be a confusing, frustrating, and stressful process. You may recognize and appreciate that your children need to maintain their relationship with your soon-to-be ex, but the thought of giving up time with them can feel heartbreaking. You may find that their best interests are difficult to disentangle from your own preferences. Yet a final parenting agreement must be created, and Texas law will expect both parents to play a major role in the life of each child unless there is a provable reason to do otherwise. Here is how child custody cases are typically decided in Texas. 

Four Things to Know About Texas Child Custody Decisions

The first thing to know about child custody in Texas is that it is split into two separate but overlapping areas: conservatorship, which is the authority to make important decisions regarding education, healthcare, religion, and extracurricular activities; and possession and access, which determines the visitation schedule. 

The second thing to know is that parents are encouraged to create a parenting plan together, rather than relying on the courts for help. While cases of partner violence, child abuse, or extreme hostility between parents may make it impossible for parents to work together, generally speaking, parents are expected to handle the matter themselves, using the help of a mediator if necessary. 

The third thing to know is that sole conservatorship, or sole custody, is very rare in Texas. Child custody cases begin under the presumption that parents will share parental rights and duties. Because extensive research shows that children’s best interests are generally served by having both parents in their lives whenever possible, a parent seeking sole conservatorship will need to prove the other parent is unfit to have access to the child.  

Finally, if a child is over age 12, they may get to have some say in which parent they live with. Once a child turns 12, a court can consider that child’s opinion regarding a parenting arrangement, although a court is not bound to abide by the child’s preferences. 

Schedule a Consultation with a San Antonio Child Custody Lawyer

Your children are the most important thing in the world to you, and you deserve an attorney who will help you protect your legal relationship with them. At Brandon Wong & Associates, we are committed to helping every parent find the optimal parenting agreement and put it into a legally enforceable court order. Call us today at 210-201-3832 to schedule a comprehensive consultation with one of our experienced Bexar County child custody attorneys. 

Sources: 

https://guides.sll.texas.gov/child-custody-and-support

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm