Robert Reid McInvale Child Custody Law Blog on Lawyers.com

The official policy of the State of Texas is intended to guarantee that a child has frequent contact with both parents, a safe, stable environment in which to grow up, and has parents who share in the rights and duties of raising them. The following is a list of what the courts generally consider to be the best interests of the child, which is the primary deciding factor in custody cases:

¿ Whether the physical, psychological, and emotional needs and development of the child will benefit
¿ The ability of the parent(s) to give first priority to the welfare of the child and reach shared decisions in the child’s best interest
¿ Whether each parent can encourage and accept a positive relationship between the child and the other parent
¿ Whether both parents participated in child rearing before the filing of the suit
¿ The geographical proximity of the parents’ residences

The law states that, assuming no mitigating factors affecting the best interests of the child exist (i.e., documented physical abuse) the court will consider the qualifications of each parent for sole or joint physical and/or legal custody, visitation by the non-custodial parent, and any associated terms and conditions of custody without regard for:

¿ Marital status
¿ Parents’ gender
¿ The sex of the child

Additionally, Texas law permits a child twelve-years-old or more to file a written request to the court stating the name of the parent or person the child prefers to have the exclusive right to designate his or her primary residence. This request is then taken into account along with all the other factors listed herein.
If the parents submit a written, jointly agreed-upon parenting plan, the court will consider that as well when deciding custody. The Texas judiciary prefers, whenever feasible and in the child’s best interests, to award joint custody to parents, so that the child retains as full access as possible to their mother and father while growing up. These agreements are good indicators that parents are willing to cooperate in the upbringing of their child.

There are other factors and considerations that may play into specific child custody cases. The best thing to do is to consult with an attorney well-versed in Texas child custody laws who can explain all of the factors that may relate to your case, and then provide guidance on how best to approach the court.

Article provided courtesy of Houston child support attorney, Robert Reid McInvale. Read more about his child custody law firm in Houston.  For local Houston, Cypress, Spring, Tomball, Katy, FM 1960, and all of Harris County call 281-955-1111. The Woodlands, Conroe and all of Montgomery County call 281-367-4422.

Latest Update:  Friday, May 28, 2010