Soulsby Law serves clients in San Antonio, Bexar County and throughout the state.

How does the court determine custody?

On Behalf of | Mar 30, 2022 | Child Custody

Texas parents who are involved in a custody case will need to go through a process in court. To establish custody, judges consider a variety of factors, some related to the relationship between the parents and the children and others related to the environment. Overall, all factors that affect the best interests of the child can be considered.

The parents and their relationship with each other and the children

Courts consider the bond between parent and children. With these factors, the court seeks to establish where the emotional well-being of the children will be best served when it comes to custody matters. Some of these factors include:

• Each parent’s effort to support their child’s relationship with the other parent
• Any history or evidence of neglect, abuse or domestic violence by either parent toward the other or the children
• The mental well-being of each parent
• The child’s preferences about which parent they want to live with
• The parents’ preferences about custody
• Which parent has traditionally provided the majority of the care
• The age of the child

The environment the child will grow up in

Other factors relate to the life the children will have once custody issues are resolved. The factors include:

• Each parent’s ability to provide a stable, supportive and loving home for the child
• The physical environment where each parent lives
• The impact on the child of changing custody arrangements
• How attached the child is to their neighborhood, school, etc.

There might be other factors that the court finds relevant in your case. Be prepared to offer evidence of these factors as the court considers your case to determine how to award custody.