How is Child Custody Determined in Texas?

If your child custody agreement will be determined by the court, it is important to understand the factors that will be considered by the court in Texas. Continue reading and reach out to our experienced Texas family law and divorce attorney today to learn the difference between physical and legal custody. If you have any further questions regarding your child custody agreement, it is important that you retain the services of a knowledgeable child custody attorney who will walk you through the process ahead. You do not need to go through this process alone. Our firm is here to help. Give us a call today to schedule your initial consultation.

What is the difference between physical and legal custody?

Many child custody agreements are not 50/50 which is why it is important to understand the difference between physical and legal custody:

  • Physical Custody: Physical custody refers to where the child will live primarily. The parent who receives physical custody of a child is often known as the custodial parent. It is common for one parent to receive primary physical custody of their child.
  • Legal Custody: Legal custody refers to each parent’s right to make certain critical decisions on behalf of their child. Legal custody will give you the legal right to make decisions regarding where your child goes to school, the religion your child will practice, the medical treatment your child may receive, and more.

What factors are considered when determining child custody?

Texas courts will consider a wide range of factors when determining the child custody agreement. It is important to keep in mind that Texas courts’ primary concern will be the best interests of your child. Some of the primary factors that courts in Texas will consider are as follows:

  • The bond both parents have with the child
  • Whether both parents can provide a safe and stable environment for the child
  • If the child is mature enough, whether they have a preference
  • Whether both parents can provide financially for the child
  • How the custody decision would impact the child’s social life
  • The geographic proximity of each parent to one another
  • Whether there has been a history of domestic violence, drug abuse, mental illness, or any other behavior that may potentially endanger a child

Contact Our Firm

If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is the right law firm for you. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, alimony, and much more. Led by Board-Certified lawyer, Ruby Bolton, our collaborative approach to every case is why we are known for our successes in and out of the courtroom. Contact Bolton Law today to schedule your initial consultation.

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