How does Texas settle child custody cases?

On Behalf of | Aug 14, 2022 | Child Custody |

Texas law refers to child custody as a conservatorship. A judge may give parents joint custody, which would be a joint conservatorship. If one parent isn’t fit for joint custody, then the other may be the sole conservator. It’s also possible for a judge to choose a responsible adult besides the parents if neither parent is fit.

Ability to meet the child’s emotional needs

An important factor that the court examines is each parent’s ability to meet their child’s emotional needs. If there’s reason to believe that the parent would impair their child’s emotional development, then they might not receive custody.

Protection against discrimination

Texas child custody law prohibits the parent’s sexes and marital status as factors in determining conservatorship. The court also can’t use the child as a basis for the child custody ruling.


The judge may consider the health of both parents when making a decision. This includes mental health as well as physical health. Their responsibility is to do what’s in the best interest of the child. If you’re able to adequately care for your child, then a health problem isn’t likely to be an issue.

Financial stability

Each parent’s financial stability is a key determining factor in child custody. The court wouldn’t be likely to give sole child custody to an unemployed parent. It’s best to maintain steady employment without having issues at work.

Domestic violence

Another important element of child custody cases is whether domestic violence is occurring or has occurred. The abuse doesn’t have to be toward the child for the judge to take it into account when making a child custody decision. If one of the parents has physically or sexually abused any child under the age of 18 within the past two years, this could also affect child custody. If one of the parents has a history of child neglect, then they are also unlikely to receive custody.

Texas considers a multitude of factors when making child custody decisions. It looks for parents to be financially stable, relatively healthy and to be capable of caring for their children.