Like their counterparts in other states, Texas courts use the best interest of the child standard when making custody and parenting time orders. As a reminder, Texas law refers to custody and parenting time with words like conservatorship, possession and access.
When using the best interest of the children standard, a judge’s foremost question is always what solution will best serve the physical health and emotional well-being of the child.
A judge should ask this question when making decisions about where a child will live, who will make key decisions for the child and how often each parent will see their child
What the parents want is of secondary importance, and even the children themselves do not have the final say on where they live or whether they see their parents.
When deciding a child’s best interest, Texas courts use several factors
When deciding what is in a child’s best interest, the courts in this state will look at several factors. The common theme behind all of these factors is the court’s effort to understand the perspectives of those involved as well as the pros and cons of each parenting arrangement proposed.
Again, the point of examining these factors is to decide what is best for the child, not to judge either parent as unfit or incompetent. That said, courts can and will consider evidence of abuse or neglect in the home.
Courts are not limited to exploring the traditional factors. In practice, a court’s decision on a parenting plan will depend on each family’s unique circumstances. While Texas law does sometimes provide arrangements that are by default in a child’s best interest, there is no one-size-fits-all parenting arrangement.
Many parents in Galveston and Harris counties find it better to negotiate an acceptable custody and parenting time arrangement.
However, sometimes, a parent will have to make their case in court by pointing out how what they want out of a custody arrangement is in their children’s best interest. Parents in this situation will need to understand their legal options.