How Is Child Custody Determined In Texas?

Divorce isn’t the easiest process to endure and one of the most often asked questions about going through the process of divorce is how child custody is determined in Texas. You should know that your attorney will do everything they can to make sure that you and your children are getting the best care possible. That is why it is so important to hire an attorney that has experience in giving your family the best representation when it comes to family law.

Texas courts are focused on making sure that any divorce proceedings are taken while providing for the best interests of the children. In order to do this, they encourage a process that will be the least traumatizing for the children involved in the divorce.


In most cases, mediation is encouraged as a primary goal when navigating a divorce. This allows both spouses to have a say in the quantity of time spent between the parents. It also allows for making co-parenting goals and plans that put the child at the center of the proceedings.

Court Decision

If mediation is not an option and civil conversation to coordinate a co-parenting plan is not possible, then it will be up to the court system, and most likely a family judge, to determine the custody of the children. This will be done based on the representation given in the best interest of the child or children.

Joint Custody

Most courts will assume that shared custody will be best for the children, but that doesn’t mean that there will be absolute equality in parental responsibilities. In order to make sure that a comprehensive decision is made regarding the custody plan, a judge or court system will generally utilize psychological evaluations and even social studies to help determine the placement of the minors.

Any child that is older than the age of 12 has the option to sign an affidavit that states a preference for their primary custodial parent. Although it is considered in the judges’ decrees, it does not guarantee placement.

Consult a Texas Family Lawyer | The Law Office of Lauren Cain

Contact the Law Office of Lauren Cain for a consultation about you and the best interests for your child’s custody. Call us at (214) 234-2622 or fill out our contact form online to schedule a consultation today.

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