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Attorney William Marcus Wilkerson
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What factors are considered when custody is being determined?

On Behalf of | Sep 1, 2022 | Family Law |

While going through a divorce, one of the most emotional factors for Texas parents is child custody. When making a ruling on this issue, the court will consider certain factors.

The child’s wishes

Depending on the child’s age, the court often considers the child’s wishes when determining custody. If the child is old enough, they may have the right judgment to choose one parent over the other based on where they’ll live and attend school.

The relationship between the child and each parent

Often, there’s a situation of one person being the primary parent. For example, if one parent spends more time with the child while the other one works extra long hours, it might impact the family relationship. With a stronger bond between the child and one parent, the other parent might be granted visitation and ordered to pay child support.

The parents’ ability to provide a stable home

The court will consider each parent’s ability to provide a stable home and provide for the child while deciding physical custody. That parent’s home must be clean, safe and well-kept. It should have a room available for the child’s use. The court will also factor in the neighborhood and whether living with that parent could give the child a normal routine and stability.

Whether abuse or neglect has occurred

Some families have a history of abuse or neglect. Even if it wasn’t perpetrated against the child, it could be a major factor when the court decides which parent will get custody. The court’s priority is to ensure that any arrangement made is in the best interests of the child.

The parents’ mental and physical health

The parents’ mental and physical health is a big factor in determining custody. The court wants to ensure that the child will be safe when making a decision.