Understanding Child Custody in Texas Divorce Cases
A divorce can be an emotionally difficult process for all parties, especially when children are involved. When it comes to deciding who gets custody of the children, however, the law is clear. In the Lone Star State, family courts are guided by a specific set of rules and regulations to ensure the best interests of the child are met. Let’s take a look at how child custody works in the Texas.
How Do Texas Family Law Courts Determine Child Custody?
In Texas, family law courts determine child custody based on the best interest of the child. This is the primary factor considered when making a decision about custodial arrangements. This includes looking at factors such as physical and mental health needs, age, gender and relationship with each parent. The court may also consider any evidence that either party has presented related to parenting ability, financial stability and more. Ultimately, if both parents agree on a custody arrangement that is deemed in the best interest of the child or children involved, then that agreement will be approved without further investigation by family court judges. Having parents agree on custody in a divorce will make the divorce process less costly and take less time. Otherwise, judges will review all evidence before deciding on who should receive primary or joint physical and/or legal custody.
How Can I Get Primary Custody or Modify Custody at a Later Date?
If you are seeking primary custody in your divorce case, you must provide evidence to support why this would be in your child’s best interest given their specific needs and circumstances. If you already have an existing child custody arrangement in a divorce settlement agreement but want to modify it for any reason (such as one parent moving away or having more parenting time due to changes in employment), then you must file a motion with family court requesting permission from a judge to make modifications. You must provide sufficient evidence to prove why such modifications would be beneficial for your child’s development going forward.
Plano Family Law Attorney
In conclusion, when it comes to determining who gets custody of children during a divorce case in Texas, there are strict rules and regulations that must be followed by family courts across the state. Factors like physical health needs and mental health needs must be taken into consideration before making any decisions regarding custodial arrangements between two parents. It is important that both parties provide evidence in support of their desired arrangement whenever possible so that they can ensure that their best interests—and those of their children—are met under existing law. If an existing arrangement is no longer viable due to major changes such as one parent moving away or other life events impacting parenting ability or availability, it may be possible to modify an existing agreement with permission from family court judges following an appropriate filing procedure. Understanding these intricate processes can be difficult for anyone dealing with divorce-related issues involving child custody rights. Contact The Fox Firm for a consultation and we can help you navigate the child custody issues within the divorce process.