Judges consider many factors when deciding custody agreements, including the child’s wishes (if the child is 12 or older), the fitness of each parent, the stability of each home, and relationships the children have with each other and each parent or potential custodian. However, the primary factor determining the outcome of child custody disputes is what the Court determines are the best interests of the child.

Texas law considers both parents equal unless the best interests of the child are shown otherwise, as decided in court.

Judges consider many factors when determining child custody, including:

• The child’s wishes (if the child is 12 or older)
• The child’s age and health
• The parents’ age and health
• Any history of domestic  or family violence
• Home stability
• Special needs of anyone involved
• Additional factors the judge decides are necessary

According to Texas law, the best interest of the child is the most important factor when determining child custody. With that in mind, the courts presume joint custody is in the best interest of the child, unless proven otherwise. Texas courts prefer that the child maintains relationships with both parents unless conditions deem otherwise.  Therefore, the court will often order that the child’s primary residence be restricted to the County in which both parents reside.

If the judge deems it so, yes. In child custody cases the standard possession order for visitation is presumed to be in the child’s best interest, unless proven otherwise, as determined by the Court.  Both parents are encouraged to come up with their own agreed visitation arrangements.  However, failing mutual agreement, both parents must abide by the court’s order for access and possession.  These agreements or orders can also include periods of access to the child through electronic communication.