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How does a Texas judge decide which parent gets custody?

Your children are your world and you want to make sure that you will get custody when the time comes. No matter how badly you want time with your kids it will end up being the judge's decision. In any court the decision comes down to the best interest of the child. There are a lot of different factors that add up to the best interest of the child. The judge will ask some important questions to see if one or both parents are best for custody, known as conservatorship in Texas courts. Some of those questions are:

  • Will your child be fed and clothed?
  • Is your home a safe place to live?
  • Will your child be supervised?
  • Who has primarily taken care of the child?
  • Do you abuse drugs or alcohol?

Prove that you can meet your child's needs

In order to gain partial or full conservatorship then you must prove to the judge that you are able to meet your child's needs. You will also need to show that you have a good relationship with them. A good way to show a strong parent-child relationship is with the help of witnesses. You could call on daycare providers or teachers to vouch for you.

If you want to push for sole conservatorship then you will also need to show why your child will be better off with you. If the other parent abuses drugs or alcohol then that is a good reason for a judge to grant you full conservatorship. Additional reasons may be that the other parent is irresponsible or that that you worry for your child's safety in their care.

Physical abuse will have a major impact on custody

Courts take accusations of domestic violence very seriously. If a child experiences or even sees physical abuse then it will impact them emotionally for years to come. If your spouse has caused physical harm to you or your child then the judge will take that into account in a custody case.

If your spouse has committed acts of violence against you or your child then you must prove in court that domestic violence has occurred. An experienced attorney can help you set up evidence. Evidence can include photos of abuse or medical records. If the judge agrees that a claim of abuse is true then they cannot give the abuser conservatorship over the child. Ensuring safety and time with your children is invaluable. If you are seeking custody of your child then it is important to contact an attorney who is well versed in Texas child custody laws.

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1521 Austin Ave.
Waco, TX 76701

Phone: 254-633-3048
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