WHAT IS CHILD CUSTODY IN TEXAS AND HOW IS IT DETERMINED

Types of Child Custody

There are a few different ways a conservatorship can be granted. If one parent is granted parental rights over the other, they may be referred to as the sole managing conservator. In the event that both parents share custody and parenting responsibilities, the arrangement will be called a joint managing conservatorship.

In a sole managing conservatorship, the child will live with the primary parent, who will serve as the child’s primary caretaker. However, the other parent will be granted certain visitation rights, unless the court has specifically forbidden it, which is rare. With joint custody, or joint managing conservatorship, parents will share time with their children and will make major parenting decisions, such as those concerning education and healthcare, together.

How Texas Courts Decide:

Some of the key factors a Texas judge will consider include:
• The mental and physical health of each parent
• Each parent’s living situation
• The age of the child
• The child’s preferences
• The child’s relationship with each parent
• The child’s relationship with the other members of each parent’s household
• Each parent’s willingness to encourage the child’s relationship with the other parent
• The role each parent plays in the child’s daily care
• Whether or not either parent has a history of violence or domestic abuse

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