In Texas child custody cases, a judge will take into consideration several things as they make their decision about who should have “conservatorship,” which is the term the Texas family law code uses to refer to custody. The overall standard for making conservatorship decisions is always “the best interests of the child.” Your child custody attorney in San Antonio, TX will help you understand all the factors involved and how to present your case.

What Factors Does a Judge Consider in Child Custody Cases?

1. Physical and Emotional Needs of the Child

Judges examine how each parent meets these needs, and they will look at all aspects of the child’s needs, from healthcare and nutrition to education and emotional support. The ability to provide a safe and healthy living environment is a big consideration.

For instance, a parent who consistently ensures regular medical check-ups, is involved in the child’s schooling, and creates a supportive atmosphere is likely to be viewed more favorably. Emotional needs are equally important; judges observe the strength of the parent-child relationship and a parent’s attentiveness to the child’s emotional well-being as well as their provision for physical needs.

2. Parental Abilities and Stability

Judges take a look at parenting skills, mental and physical health, and lifestyle stability to see who is making sound decisions, maintaining consistent routines, and providing a stable home environment. Stability includes financial security, of course, but it is not solely so much about income (and child support from the other parent can be used to address this). It’s more about who is providing consistent housing, a stable community, and a reliable support system.

3. Child’s Preference

In Texas, the wishes of the child can influence custody decisions, especially as the child grows older. Judges may consider the preferences of a child who is at least 12 years old, as permitted by the Texas Family Code. The court may conduct an in-chambers interview to gauge the child’s desires regarding conservatorship and living arrangements.

However, while the child’s opinion is important, it is not the sole determining factor. The judge must balance the child’s preference with other considerations to ensure the final decision serves the child’s best interests, and you can expect the judge to be alive to the way certain parents may attempt to “bribe” their child’s affections by being lax on discipline and structure while providing lots of “fun” and treats.

If a child prefers one parent due to leniency or material advantages, the judge will give less weight to that preference. Conversely, if the child cites a stable environment or stronger emotional support, the court will pay quite close attention to their wishes.

4. History of Domestic Violence or Abuse

If there’s any history of domestic violence, abuse, or neglect, this will be very important. Judges are required to consider instances of physical or emotional harm, not only towards the child but also towards the other parent or household members, as they make their decisions.

If a parent has a documented history of abuse or has been convicted of offenses related to family violence, the court may not only deny conservatorship generally but also greatly restrict or even deny visitation rights. The overriding concern is to prevent any potential harm to the child.

5. Cooperation Between Parents

Judges favor parents who demonstrate a willingness to foster a positive co-parenting environment and who don’t spend their time bad-mouthing the other parent in front of the child. Judges are looking for a parent who is facilitating communication between the child and their other parent, willing to follow all visitation schedules, and refraining from making negative remarks about the other parent in the child’s presence.

A parent who attempts to alienate the child from the other parent or obstructs visitation will be seen unfavorably because this behavior can harm a child’s emotional health and is not in the child’s best interests.

6. Geographic Proximity

The geographical distance between the parents’ residences can influence a judge’s custody arrangements. Judges assess how proximity affects the child’s routine, including their schooling, extracurricular activities, and social relationships. A parent who resides closer to the child’s school and community may be better positioned to provide continuity and minimize disruptions.

7. False Allegations and Parental Misconduct

Making false allegations against the other parent will not play well with the court. The court takes accusations of abuse or neglect seriously, so if such accusations are made and then found to be spurious, this tells the court the accusing parent may be untrustworthy or attempting to manipulate the custody proceedings.

Parental misconduct, including substance abuse or criminal activity, is also evaluated. Judges will consider how these actions affect the parent’s ability to provide a safe and nurturing environment; but evidence of rehabilitation or efforts to address these issues can positively influence the court’s assessment.

8. Mental and Physical Health of All Parties

Judges need to be sure there are no mental health issues or physical disabilities that might impact a parent’s ability to care for their child effectively. This evaluation is not meant to discriminate against parents with health conditions but solely to ensure that the child’s needs are adequately met.

9. History of Parental Responsibility

Judges look at each parent’s involvement in the child’s life, including who has been the primary caregiver up to this point. In other words, who has been the primary mover in the child’s daily activities, like preparing their meals, helping them with homework, attending medical appointments with them, and participating in their extracurricular activities?

A parent who has consistently provided care and support will likely be favored over one who has been less involved. However, the court also considers the reasons behind any lack of involvement, too. For instance, if work obligations or previous custody arrangements have limited a parent’s ability to participate more fully, the judge will consider this.

10. Parental Involvement in Education and Activities

Active participation in the child’s education and extracurricular activities is another important factor that judges look at. They’re interested in seeing how each parent has contributed to the child’s intellectual and social development by doing things like attending parent-teacher conferences, supporting homework routines, and encouraging participation in sports, arts, or other interests. A parent who does all these things is demonstrating that they have a commitment to the child’s future.

11. Sibling and Extended Family Relationships

Maintaining relationships with siblings and extended family members is often vital for a child’s emotional well-being, so judges will consider the impact of custody decisions on all these relationships, as well. Keeping siblings together is often a priority unless there are compelling reasons to separate them.

The court also evaluates the presence of supportive relatives in each parent’s household. Extended family can additional stability, support, and a sense of community for the child, and positive interactions with grandparents, aunts, uncles, and cousins are often in a child’s best interests.

Learn More From Your San Antonio, TX Child Custody Attorney

The courts will consider many things in making child custody decisions, and the best thing a parent can do is get an experienced child custody lawyer on their side quickly. A lawyer will help you understand how to present your case for custody in a way that the courts are likely to accept. For experienced family law help, contact the Rojas Law Firm, PLLC today.