Texas child custody laws are continually evolving, and courts must conduct a thorough analysis before making any determinations. The state recently replaced a significant amount of the language in their statutes to lessen the entire process’s negativity. For instance, custody is now referred to as “conservatorship,” that and “managing conservatorship” and “possessory conservatorship” replace “legal” and “physical” custody. Possession and access to the children refer to when the parents have physical custody or visit their children. Generally, Texas maintains two custody schedules, standard and extended standards, which dictate how and when each parent sees their children.
The Texas Family Code, Section 153, explains that child custody determinations should be viewed under the lens of “the best interests of the child.” While the Code presumes that joint custody is ideal, that arrangement does not always comport with the child’s best interests. Courts typically make their decisions per the state’s public policy concerns. The primary factors revolve around assuring that the:
- The child will have continuing and frequent contact with parents who have established the ability to act in the child’s best interest,