Factors Considered When Deciding Custody in Texas

 Posted on April 14, 2025 in Child Custody

Child custody can be a scary and unknown component of divorce for both parties involved. When both parents agree, the court will often accept the terms the parents create for their parenting plan, as long as the arrangement proves to be in the child’s best interest. If parents do not agree, the court will create a parenting order on their behalf.

To understand what a court may be likely to do in your case, it is useful to understand the factors that impact the terms of a custody order. If you have questions about your case, a Tarrant County, TX child custody attorney can help you understand the next best step.

Both Parents’ Situations and Abilities

Parents are under the microscope in custody cases for good reason. The court’s primary concern is to do what is best for the child. Some questions the judge will consider include:

• Are both households stable and secure, or is one more stable than the other?

• Will the home or homes the child will live in be new for them?

• What are the incomes of both parents, and how stable is their work?

• How well does each parent understand what it takes to raise a child?

• How involved have each parent been in the child’s education?

• How willing are the parents to cooperate?

Both parents should have a plan and be prepared to explain it. This can include immediate and long-term components. You can talk about childcare, after-school activities, and finances. The aim is to show the court that you have thoughtfully planned for your child. The court does not expect perfection, but the judge will look for problematic factors.

The Child’s Physical and Emotional Needs and Safety

The court will consider several questions when evaluating the child’s physical and emotional needs. Examples include:

• Is the child in immediate emotional or physical danger with either parent?

• Could either household be an emotional or physical danger in the future?

• Does either parent have a history of abuse? 

• Are there any records of domestic violence in the home?

• Can both parents nurture the child’s intellectual and social development?

• Can both parents provide comfort and support?

Ensuring a child lives in a home that is free from threat or danger is the basis of protecting their best interest. You can address these needs in your parenting plan with the help of a skilled legal representative.

The Child’s Preference

A child’s wishes are considered in custody cases. However, the court does not have to comply with what the child wants if it deems it inconsistent with what is best. The child’s age is also important. Texas law requires the court to interview children who are at least 12 years old about what they want in a custody case if either parent requests it, and Section 153.009 of the Texas Family Code provides a way for children to express their wishes.

Contact a Dallas, TX Child Custody Attorney for a Consultation

Every custody case has unique circumstances that can impact what is best for the child. Ensuring your custody agreement will best serve your child is the top priority at the Law Office of Michelle Poblenz. Contact our Tarrant County, TX child custody lawyer today at 469-845-3031 to schedule an initial consultation, go over the details of your custody case, and take advantage of more than 25 years of experience.