When separating or divorcing your partner, child custody is one of the most emotional and difficult aspects of the process. In the best of cases, parents can reach an agreement about child custody, and if it is fair, the courts will approve it.

 If you and your former partner cannot agree about child custody, you will have to go to court and allow a judge to decide. Below, one of our McKinny family law attorneys explains what the courts will consider when making child custody decisions.

Understanding Child Conservatorship in Texas

The law in Texas does not use the term ‘child custody.’ Instead, the term ‘conservatorship’ is used. The courts in the state make decisions about child conservatorship based on the best interests of the child. While there is no exact definition of what constitutes the best interests of the child, there are a number of factors judges will consider.

Child conservatorship decisions are ultimately decided on the specific circumstances and facts of every case. The courts in Texas are not biased against either parent, and assumptions are not immediately made about which parent is the better choice. Generally speaking, the courts try to award joint conservatorship.

Factors Considered in Child Custody Cases

While there is no specific list of factors considered in conservatorship matters, judges will likely consider the following:

• The age and health of the child
• The age and health of each parent
• Any special needs of the child or either parent
• The stability of the home environment of each parent
• Any history or accusations of a criminal record or abuse
• The emotional and physical needs of the child
• The relationship the child has with each parent, and any siblings
• Any factor, such as domestic violence, that could place the child at risk of suffering physical or emotional harm
• The child’s education
• The amount of time each parent would be able to spend with the child
• How involved each parent is in the child’s life
• Any other factors the court considers relevant

If the child is of a certain age  and maturity, the court may consider their  preference for child  conservatorship. A McKinney child custody lawyer can advise on your case and review the best interests of the child with you.

The Priority is the Best Interest of the Child

Not all factors mentioned above are given the same amount of weight in child conservatorship cases, and they vary according to specific cases. For example, one party may earn a significantly higher income than the other. On the other hand, if the parent who earns the higher income does not have the same amount of time as the lower-earning party, they may still not be awarded conservatorship.

In other cases, awarding conservatorship may require removing the child from their home, school, and community. To ensure that the child can maintain their support networks, a judge may make a conservatorship decision that allows the child to remain in their current community.

Possession and Access in Texas

Many states recognize two types of child custody. These are physical custody and legal custody. Texas does not use these terms. Instead, the Lone Star State  uses the terms ‘possession’ and ‘access.’ Possession refers to the parent who has the majority of time in the parenting plan, and the parent with whom the child will live. Access refers to the parent who visits the child and maintains a relationship with them.

There are two types of possession in Texas: standard and extended. The default type of possession granted is standard. With a standard possession arrangement, the non-custodial parent is granted access to the child on some weekends, holidays, and throughout the summer. Extended possession allows for more flexibility, and the non-custodial parent has access to the child for long weekends and extended time in the summer.

On the other hand, access gives parents the right to visit with their child and can also include phone and video calls with the child. Parents with access also have the right to receive information about their child’s health care and education, and to attend extracurricular activities. Usually, access is awarded to the non-custodial parent, but other family members or people close to the child can also be given access.

Sole Custody vs. Joint Custody

Just like in other states, Texas recognizes joint and sole custody, or conservatorship. Sole conservatorship means the child lives primarily with one parent, and that parent has the sole right to make decisions for the child. This does not mean that the non-custodial parent cannot see the child, however. Non-custodial parents can still have visitation rights that are typically outlined in an agreed-upon visitation schedule.

Joint custody, or conservatorship, is an arrangement in which both parents are granted custody and spend time with the child. If the parents cannot agree on how much time each gets with their child, a judge will create a schedule that is in the child’s best interests.

The courts always try to award each parent at least some time with the child, as this is believed to be in the child’s best interests.

Gender is Not a Factor in Child Custody Disputes

At one time, women were awarded child custody over men. This was largely because women traditionally stayed home to take care of the children, and the courts believed maintaining that routine and relationship was in the child’s best interests.

Today, gender is never considered in custody matters. While maintaining a stable home environment is important in these cases, the courts today realize that both mothers and fathers can provide one. 

Our Family Law Attorneys in McKinney Can Help with Your Case

If you are going through a child custody dispute, you need legal help. At The Draper Law Firm, our McKinney family law attorneys can provide it and negotiate with the other side or represent you in court so you obtain the best possible outcome. Call us today at 469-896-4930 or fill out our online form to schedule a consultation and to learn more about how we can help.