Navigating Child Custody in Texas: What You Need to Know

Child custody can be one of the most challenging aspects of a divorce or custody modification case. If you're going through a custody battle in Texas, it’s crucial to understand how courts make their decisions regarding legal and physical custody. Whether you’re seeking joint custody or clarification on your rights as a parent, this article will help you understand the key concepts and what to expect during the process.

What Is Legal Custody vs. Physical Custody in Texas?

When most people talk about joint custody, they’re referring to the time spent with the child — also known as physical custody. However, legal custody and physical custody are two separate issues that Texas courts address differently.

In Texas, legal custody is related to decision-making power. This is where joint managing conservatorship (JMC) comes into play. JMC means that both parents have equal rights when it comes to making decisions about their child’s education, medical care, and psychological well-being. While Texas courts generally presume that both parents should be joint managing conservators, this does not necessarily mean that parents will share equal time with their child.

Physical custody, on the other hand, refers to the time each parent spends with the child. Even if parents share legal custody, it’s common for one parent to have more physical custody time than the other. In most cases, the default is for one parent to have more parenting time, and it’s unusual for the parenting time to be exactly equal, even when both parents are joint managing conservators.

How Do Texas Courts Determine the Best Interests of the Child?

Texas family courts operate under the "best interests of the child" standard when making decisions about custody. However, what is considered "best" can vary depending on the individual judge. While there are guidelines provided by the Texas Family Code, much of the discretion lies in the hands of the judge, who will consider factors like the child’s safety, emotional well-being, and psychological needs.

Courts typically examine the following factors when deciding custody arrangements:

• Parental involvement: Who ensures the child takes medication, attends doctor’s visits, and is involved in school?

• Child’s well-being: Who is actively involved in the child’s emotional, physical, and mental health?

• Conflict level: Courts will look at any conflicts between parents that might affect the child’s stability. High levels of conflict may influence the court’s decision on custody.

A judge’s primary goal is to ensure that the child is safe and thriving. The judge may consider all aspects of a parent’s behavior and the dynamics of the child’s environment when making decisions.

Joint Custody in Texas: What Does It Really Mean?

When people ask about joint custody, they’re often referring to 50/50 physical custody — where both parents have equal time with the child. However, in Texas, joint custody in the way people typically envision it (i.e., equal parenting time) doesn’t usually happen. In fact, joint custody in Texas typically refers to joint managing conservatorship, which grants both parents equal rights in making decisions about their child’s life.

In terms of physical custody, Texas courts often do not favor equal parenting time unless there’s a specific arrangement that works for both parents. The presumption in Texas is that one parent will have more time with the child, even if both parents are joint managing conservators.

This distinction can sometimes be confusing for parents who expect equal time-sharing of physical custody when they hear about joint custody. In reality, parents may share the responsibility for making legal decisions but not always share physical custody on a 50/50 basis.

Factors Judges Consider When Awarding Custody

When awarding custody, Texas courts consider which parent can best ensure that the child is emotionally, physically, and mentally healthy. To determine this, the court will closely examine each parent’s behavior, involvement in the child’s life, and ability to provide a stable and safe environment.

Courts may look at practical factors such as:

• Who handles pick-ups and drop-offs?

• Who ensures the child gets medical care and attends school regularly?

• Who is actively involved in the child’s social life, such as arranging playdates or extracurricular activities?

The court may also consider any major differences between the parents that would affect the child's well-being. For example, if one parent is more involved in the child’s care and well-being than the other, this could impact the court's decision.

What Happens If Parents Can’t Agree on Custody?

While Texas courts strive to make decisions that are in the child’s best interests, parents may not always agree on custody arrangements. If parents can’t agree, the court will decide based on what it believes is best for the child.

In these cases, it’s important to have legal representation to help you understand your rights and navigate the legal system. A family lawyer who is familiar with Texas custody laws can advocate on your behalf and ensure that your interests — and your child’s interests — are represented in court.

Custody Modification: Can You Change Your Custody Arrangement?

Custody arrangements are not set in stone. If circumstances change, such as one parent moving, changing jobs, or other significant life changes, parents can request a modification of the custody order. However, the court will only modify the order if it finds that there has been a material and substantial change in circumstances that justifies the modification.

The process for modifying a custody order can be complex, and it’s essential to have legal representation to ensure that the change is in the best interest of the child.

How Hembree Bell Law Can Help

If you’re facing a custody battle or need help understanding the complex custody laws in Texas, Hembree Bell Law is here to help. We can guide you through the process of determining legal and physical custody, advocating for your rights as a parent, and ensuring that your child's best interests are served.

Whether you’re navigating a divorce, seeking custody modification, or simply need clarity on Texas custody laws, we are here to provide compassionate legal support.

For more information or to schedule a free case evaluation, visit www.hembreebell.com or call us at 512-351-3168.