For many parents who choose to divorce, child custody is a big concern. They may wonder if they will get custody of their children, and they may have concerns that they will not get the time they want with their children anymore.
In Texas, the law considers it to be in the best interest of a child to reward both parents as joint managing conservators. In some cases, this works out as the best option for all involved. However, there are some factors that a judge may consider should joint custody not be in the best interest of the child.
Past familial violence
If a parent has a history of familial violence, either against the children or against the divorcing spouse, a judge may choose not to award conservatorship. Instead, the judge may name the other parent as the sole managing conservator, thus giving him or her all parental rights to make decisions on behalf of the child, as well as sole physical custody.
Past abuse or neglect
Similarly, a parent who has committed child abuse or neglect in the past is not likely to get conservatorship. Judges take this factor into consideration very seriously when determining child custody in Texas.
The wants of a child over 12
In Texas, a child over 12 can have a say in where he or she would like to live. A judge may take this into consideration; however, the judge can decide if the wants of the child are in his or her best interest.
There are several factors that the courts consider when determining child custody, making it an important step in the process of divorce.