While it is the preference of Texas courts to grant joint custody, according to Texas Family Code, Title 5, §153.002, ultimately “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
Joint custody is usually the presumption in Texas. Judges tend to believe children are better off with both parents equally participating in key decisions because they benefit from both parents' experience and involvement in their lives. Without any other factors being present, a judge would likely order joint custody.
However, getting 50/50 custody in Texas is not easy. While obtaining a 50/50 split custody in Texas is possible, it is usually going to be by agreement, rather than in a trial. You should be aware of certain factors if you want a genuinely equal split of parenting time with your kids.
Options for calculating child support in 50/50 parenting plans are: 1) Parents can agree to an amount of child support (including agreeing to guideline child support that one parent pays the other); or 2) offset each parent's guideline child support obligation; and 3) if there is alimony (spousal maintenance) too, ...
Mothers' Rights in Texas Child Custody. Mothers have substantial rights to child custody, regardless of whether they are married to the father or not. In fact, mothers in many ways have more rights than fathers—at least initially.
While it is possible for one parent to win full custody of the children after a divorce, it is usually an uphill climb, legally. Texas courts begin every custody case with the presumption that it's always better for the divorced parents to share custody in a joint managing conservatorship.
Mother's Parental Rights
The issue of a mother's rights comes up when the parents are unmarried or divorcing. Texas used to give mothers priority in child custody decisions, but that is no longer the case. Instead, the court now looks solely at how the facts relate to the child's best interest to determine custody.
While many Texas dads face big hurdles to win 50-50 or primary custody, they may fare better here than in other states. As Abby explains, “Texas is fairly open-minded when it comes to dads getting custody. The Expanded Standard Possession Schedule in the Texas Family Code is roughly a 45-55 split.
In determining the best interest of the child, the court will consider evidence relating to a wide array of factors including: physical and emotional needs; physical and emotional danger; stability of home; plans for child; cooperation between parents; parenting skills; who was the child's primary caregiver; the ...
The Ability of the Non-custodial Parent to Pay - The court will look at income from all sources when it decides on the amount of child support.
There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody.
Joint Managing Conservatorship: Texas generally favors joint custody arrangements, referred to as joint managing conservatorship. It allows both parents to share in the decision-making responsibilities for the child.
There are three different child custody or conservatorship options that will be considered by the Texas family court: joint, sole, and third party custody. In most cases, parents are awarded joint conservatorship unless there is a specific reason that it should not be done.
This could be due to a criminal record, substance abuse issues, a history of neglect or abuse, domestic violence, or other factors that make the parent unsuitable for shared custody. In certain cases, sole custody may also be granted if both parents and the court agree that it is in the best interest of the children.
Under a joint custody agreement, neither parent has the exclusive right to move so far away that it disrupts the other party's access to frequent and continuing contact with their child.
The Factors Judges Consider In Child Custody Decisions
These include: The child's age and health. The age and health of the child's parents. Whether there are any special needs involved – again, with either the child or their parents.
For example, in some cases, a mother may lose custody of her child because the court believes that it is in the best interest of the child. This can happen if the court determines that the mother is unfit to care for the child due to issues such as drug addiction, mental illness, or neglect.
The questions asked by the judge will vary depending on the age and maturity level of the child, but often focus on the child's living situation, routines, and relationships with both parents.
In Texas, both fathers and mothers have equal rights when it comes to their children.
Under Texas law, a parent cannot withhold possession or access to a child because the other parent hasn't paid child support. To do so would be violating a court order.
Historically, women have always had the upper hand in being awarded child custody. Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.
Long gone are the days when divorce courts presumed that the mother should automatically receive sole custody rights upon divorce. Most states, including Texas, no longer have a presumption favoring women in custody disputes. Texas courts use a “best interest of the child” standard when awarding custody rights.
An uncontested custody case could take only a couple of months or less. However, the process can take over a year if it's contested. Many fall between these two extremes, and most parents eventually settle with the help of a mediator. Sometimes there are good reasons to go to a trial on a custody matter.
In order to obtain sole physical or legal custody, a married woman must file a custody motion in the appropriate family court. The mother has the right to file a custody suit even if there is no current action for divorce.