When your Texas marriage or relationship ends and the two of you have a child together, you may need the state to help come up with a custody plan for both parents to follow. While every custody case is unique, the state court system refers to the same set of factors when deciding who your child should stay with and when.
Per the State Bar of Texas, some of the variables the state considers when making child custody decisions are as follows.
Your child’s physical and emotional needs
Among the most important things Texas courts consider in custody cases is your child’s physical and emotional needs and each parent’s ability and willingness to fulfill those needs.
Your child’s wishes
In some cases, courts may also take your child’s personal wishes with regard to custody into account. Whether your child’s wishes carry weight depends on his or her age. Typically, courts wait for a child to be at least 12 before allowing him or her to weigh in on a custody case.
You and your ex’s parenting abilities
How well you and your former partner step into parenting roles may also come into play in child custody proceedings. For example, if you handled most of the child-rearing up until this point while your ex did very little, the judge’s decision may reflect this.
While these are some of the factors Texas courts often review when making child custody determinations, other variables may also carry weight. Some of the variables that fall under the microscope may also vary based on your child’s age.