What Texas Courts Consider in Custody and Divorce Cases

When navigating a divorce or custody case in Texas, parents often wonder what factors the court will consider in determining the outcome. Texas law considers several key aspects of a parent’s life and relationship with their child when making decisions in custody and divorce cases. Whether you're dealing with the relationship between you and your child, mental health concerns, or past issues such as domestic violence or substance abuse, understanding how each of these plays a role is crucial. Here’s what you need to know.

1. The Parent-Child Relationship Matters

One of the most significant factors Texas courts consider is the bond between a parent and their child. In many cases, the court will focus on how close the relationship is between each parent and the child.

If one parent shares a closer, more intimate bond with the child, that will often be reflected in behaviors and evidence presented in court. For example, if you regularly spend one-on-one time with your child—such as attending their sports games, helping with schoolwork, or volunteering for extracurricular activities—this involvement will be taken into account.

Additionally, the court may look to statements made by teachers, therapists, or even friends and family members who can attest to the parent-child relationship. Courts are generally not fooled by superficial appearances; they recognize the importance of truly knowing and understanding your child’s personality, preferences, and needs. The more involved you are in your child's life, the more likely the court will recognize your role in their well-being.

However, this doesn’t mean the other parent is automatically at a disadvantage. Texas courts prioritize ensuring the best interest of the child, and they typically want both parents involved if possible. If both parents can provide a safe, nurturing environment, the judge will closely evaluate the specifics of the relationship to determine who will be the primary caregiver.

2. The Role of Mental and Physical Health in Custody

In Texas, your mental, physical, and psychological health can also affect custody and divorce cases. The courts are focused on ensuring children are in safe environments where they are emotionally, mentally, and physically supported. If a parent is struggling with significant health issues, either mental or physical, this could be a factor in the court’s decision.

For example, if a parent has a history of mental health challenges, such as depression, anxiety, or suicidal thoughts, the court will assess whether these issues impact their ability to care for the child. Courts also consider the measures a parent has taken to manage their mental health, such as seeing a therapist, attending counseling, or adhering to a prescribed treatment plan. The key factor is whether the parent can provide a stable, safe environment for the child.

If you have a history of mental health issues but have taken steps to manage and address them, it can significantly help your case. Showing the court that you have a support system in place and are actively working toward stability will prove that you are committed to creating a safe space for your child.

3. How Domestic Violence or Substance Abuse Plays a Role

When it comes to domestic violence or substance abuse, Texas courts take these issues very seriously. If either of these concerns is present in your case, the court will carefully consider how severe and recent these issues are.

In cases where there is a history of domestic violence or substance abuse, the court will examine how these issues have impacted the child’s well-being. If there was an incident in the past—whether years ago or more recently—the judge will look at whether the parent has taken appropriate steps to address and mitigate the problem.

For example, a parent who may have struggled with substance abuse in the past but has since completed rehab, entered treatment, or maintained sobriety could potentially have the opportunity to prove they are capable of providing a safe environment for their child. Similarly, if there has been a history of domestic violence, the court will consider any steps the abusive parent has taken to address the situation, such as counseling or anger management programs.

In these situations, the court may impose restrictions, such as supervised visitation or a sober monitor, to ensure that the child’s safety is maintained. While past issues are not automatically a permanent barrier to custody, the court will want to ensure that the parent has shown significant efforts to rectify the problem.

4. The Importance of Recent Events

The court will often weigh the severity and recency of any past issues when making custody decisions. For instance, a past event, such as a suicide attempt or a DWI arrest, may be taken into consideration, but the court will evaluate how long ago it occurred and what steps the parent has taken to improve their situation since.

If the issue occurred many years ago and there is no ongoing concern, the court may place less weight on that event. However, if the issue is more recent or continues to affect the parent’s behavior or ability to care for the child, it will have a more significant impact.

In any case, it's important for parents to show that they are actively working to resolve any problems and provide a safe, stable home for their child. If you are facing concerns related to past issues, working with an experienced attorney to demonstrate your efforts to address these matters can improve your case.

5. How to Prepare for Your Texas Custody or Divorce Case

Whether you are dealing with the relationship between you and your child, mental health concerns, or past issues like domestic violence or substance abuse, preparing your case thoroughly can make all the difference.

Start by gathering evidence of your involvement in your child's life. Document your activities, such as school events, medical appointments, and other ways you support your child. If you have a history of mental health or substance abuse issues, make sure to show the court that you have sought treatment, made progress, and created safeguards to ensure the child’s safety.

Working with a skilled attorney who understands how Texas courts handle these issues is essential to building a strong case. Your lawyer can help you collect the necessary evidence, present your case effectively, and demonstrate that you are providing a safe and stable environment for your child.

If you're facing a custody or divorce issue in Texas, it's crucial to have a lawyer who can guide you through the process and help you present your case in the best light. Contact Hembree Bell Law today for a free case evaluation. Visit www.hembreebell.com or call 512-351-3168 for assistance.