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Determining Which Parent Gets Custody of Children

Posted by Chris Peterson | Oct 21, 2013 | 0 Comments

Determining Which Parent Gets Custody of Children

Bryan family law attorneyPerhaps no other matter in a divorce is more important that custody of the children. One may assume that the mother has automatic priority; however, while this may have been true at one time, nowadays both parents have an equal right in Texas to seek custody. Given that custody can be difficult to agree upon, it is important to work with a Bryan family law attorney.

Types of Child Custody in Texas

Texas distinguishes two forms of child custody, actually. Possession and access establishes who will have physical custody, and who will have access, or visitation rights. Sometimes, of course, parents are able to arrange shared custody, but in the majority of cases one parent retains primary custody. Conservatorship refers to legal custody. The conservator, then, is the individual who makes key decisions about raising the child. While generally the parent with physical custody also will be the conservator, this is by no means always the case.

Determining Custody

When custody is at issue, Texas courts consider first and foremost what is in the best interests of the child. This does not mean, however, that the wishes of the child will necessarily take precedence. After all, a child is not generally mature enough to make a reasoned and wise choice in this regard. That said, the wishes of the child will certainly be factored into the judge's ultimate determination.

Other issues that will be considered are:

  • The needs of the child, both emotionally and physically
  • The ability of each parent to fulfill these needs
  • How stable each parent's home environment is
  • Each parent's financial resources for care of the child
  • Plans each parent has made for care of the child
  • Special considerations, such as time each parent can spend with the child
  • The wishes of each parent
  • Any matter that may render a parent unfit, such as abuse or criminal behavior, as well as any domestic violence history

Work with a Strong and Experienced Bryan family law attorney

If you need assistance with child custody, or have questions about another family law matter, a Bryan family law attorney at Peterson Law Group will be happy to work with you. We will provide you with quality legal assistance and help you through this difficult matter. Call to arrange a consultation today at 979-703-7014.

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About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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