TEXAS CHILD CUSTODY AND ACCESS

Child Custody - Access To Your Child

Child custody is one of the most contentious areas of family law. Most parents want custody and possession of, and access to, their children and are willing to do just about anything to get it; however, when seeking child custody, it's essential to understand what is guiding the court in making its decisions:

• The best interest of the child: In child custody issues, the courts will always keep the best interests of the child first and foremost in their decision-making. This "best interest" rule will guide every decision a judge makes, such as the schedule of visitation rights, living arrangements, and who is named as a conservator of the child.

• Child Custody (Conservatorship): At some point, either in temporary orders or at a final trial, the court will designate which “conservator” is charged with caring for a child and making decisions on their behalf.  Although this is customarily a child's parents, it could also be a grandparent, a guardian, or even child protective services.  Absent significant issues such as family violence or alcohol/drug histories,  judges favor placing a child with their natural mother or father.

As family lawyers, our attorneys get involved in many aspects of their client's personal lives, and we are here to help.  An overview of the Texas child support guidelines can be found on our Basic Child Support Guidelines web page.

How Do I Get Sole Custody of My Child?

A court can award sole custody to one parent when one parent has either committed family violence or otherwise endangers the child's health, safety, or emotional well being. A person awarded sole custody will have the exclusive right to determine the child's residence and to make decisions about the child's upbringing. With Dallas family attorneys certified by the Texas Board of Legal Specialization in Family Law and over a decade of experience litigating family law disputes, our child custody attorneys are specially equipped to meet your needs.

How Does the Court Determine Who Gets Custody Of A Child? 

First and foremost, the court will look at the "best interest of the child.” The best interest of the child is the lens through which the Judge will craft all his or her court orders. Absent an agreement between the parents, the court will often use some of the following to guide it in determining the best interest of the child:

• Each parent’s role in the caring and upbringing of the child;

• A parent’s employment. Does one travel more than the other;

• A parent’s mental and emotional health; 

• The environment in which the parent lives, including those third parties the parent lives with;

• Any social study or psychological evaluation performed on the family or its members; and

• The preference of the child, if the child is over the age of 12 in Texas.