What Factors Do Judges Consider in Child Custody Cases?

On Behalf of Robert S. Clark Sr.

Dec 01, 2024

In Houston, TX child custody cases, you can expect a judge to always hold to the standard of “the best interest of the child” when making decisions about custody.

That means they’re going to be looking at a wide variety of factors. Your child custody lawyer will be able to tell you more specifics about your circumstances, but the following is an overview of the primary factors the court will look at.

What Factors Do Houston, TX Judges Consider in Child Custody Cases?

Needs of the Child

One of the most important things that the court will consider is simply all the needs of the child, both physical and emotional. This will encompass everything from healthcare and nutrition to education, friends and interaction with extended family, sports involvement, and more.

The court will look favorably at a parent who is working hard to provide a safe, healthy living environment and creating a supportive atmosphere for the child.

Emotional needs are as important as physical, and the judge will consider the strength of the parent-child relationship and how in tune each parent is with the emotional needs of their child.

Domestic Violence or Abuse

Any history of domestic violence or abuse is going to be a major factor in the court’s decision. The court won’t just look at abuse towards the child but also abuse against other family members.

Abuse can be physical or emotional, and if a parent has a documented history of abuse, especially if they have been recently convicted, it’s highly likely the court will not only deny them custody (known as “conservatorship” in Texas) but also restrict their visitation rights in some way. They may only be able to visit the child in the presence of a third-party facilitator, for example.

Parental Cooperation

In general, the court will tend to favor parents who are trying hard to work together. If one parent is reaching out to the other and trying to make things work while the other parent spends their time badmouthing the first parent, this will make a big difference to the court.

The court wants parents to get along not for themselves, but for the sake of the child. It’s important to show that you as a parent are not going to try to interfere with the child’s relationship with their other parent, either by denying visitation, making constant negative remarks, or doing anything else that might alienate the child’s affections.

Home Location

The location of each parent’s home relative to the places the child needs to be are important in these custody arrangements. The court will want to think through what the child’s routine is going to be like based on where each parent lives and how much time the child would spend in that location.

The court is likely, all other factors being equal, to prioritize having the child live with the parent whose geographic location makes the least change for the child’s schedule and minimizes disruptions. If both parents are equally close to places the child needs to be regularly, then this will not be a significant factor in itself.

Stability of the Home

Of course, the court is going to want to look at how well each parent has been a parent up to this point. Who has good parenting skills? Who is providing a stable lifestyle for the child?

Who works hard to maintain consistency in their routine? Who is demonstrating best that they have the mental and physical health to care for the child, as well as stability in their own personal lifestyle?

Financial stability is important here, of course, but this is less important than you might think.

The court can address financial instability by requiring child support payments from the other parent. The court is more concerned about who’s providing consistent and stable community, support, and a true home environment for the child.

History of Parenting

The court will also look over the history of each parent’s involvement in their child’s life. At this stage, they’re looking to see which parent has been most involved in those little things, like helping the child with homework, taking them to their dental appointments, participating in their extracurricular activities, and making them healthy meals.

A parent who has consistently been doing these things is going to be favored over one who has not been very involved in their child’s life up to this point, although, the court will consider mitigating factors.

For example, if one parent had to work excessively in order to provide for the family, and their work hours interfered with their ability to be involved with their child, the court will take this into consideration.

Extended Family Relationships

As important as the parent-child relationship is, it is not the only familial relationship that has a strong impact on a child’s life. If a child is particularly close with a sibling, this could be a factor in determining where the child spends most of his or her time.

Especially in the case of full siblings, the court is usually predisposed to keep them together unless there is some compelling reason not to.

Grandparents are also very important in many children’s lives; aunts, uncles, and cousins can be, too. The court looks at supportive relatives of this type who may live in one of the parents’ homes, or nearby, and takes this into consideration when making custody decisions.

Child’s Preference

It’s important to know that the child’s preference is never the sole determining factor, no matter how strong that preference might be. It’s important for parents to understand this, as misconceptions about this can lead to parents trying to position themselves as the “favorite” or “fun” parent. It’s more important to provide a stable, loving, and supportive home environment with routine, appropriate discipline, and nurturing than it is to shower a child with treats or fun activities.

The Texas Family Code allows judges to consider the preferences of a child if they are 12 years old or older, and in most cases, the judge will want to meet privately with the child to have a discussion and find out what they prefer and why.

Parental Behavior

Another factor the court will consider is the behavior of both parents. If one of the parents is accused of abusing or neglecting the child, this will greatly diminish their chance of having custody.

On the other hand, if the accused parent can show that their accuser is making up the accusations in an attempt to sway the court’s opinion, the court will take this equally seriously.

The court will also consider if there are issues with substance abuse or if one of the parents is involved in criminal activity. However, if a parent has been involved with these things in the past but is clearly making meaningful efforts to rehabilitate, the court will view this favorably.

Talk to a Houston, TX Child Custody Lawyer

A court in Texas will consider numerous things when deciding child custody, and it’s always wise to talk with a family law attorney to make sure you’re putting your best foot forward before the court. Contact The Clark Law Firm, P.C. now to schedule a consultation and talk through your case.

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