Child custody is the most important and most difficult aspect of divorce. All parents want what is best for their  children, but they often disagree on what is best. Parents struggle with how to break the news of divorce to their children; with what to say and what not to say. And the children are naturally afraid of the future unknown and what their new family structure will look like. At Cleaves Law Firm, our attorneys and staff will work compassionately and diligently with you to provide the best advice and guidance to help you determine the best options for your children.

What is “custody” under the law?

In Texas, the legal term “conservatorship” is what many people understand as custody when it comes to legal rights over their children. Most divorcing parents in Texas are granted “joint managing conservatorship.” With joint managing conservatorship, one parent is typically awarded the right to determine the children’s primary residence. All other rights are then determined to be exercised by the parents independently of the other, exclusively of the other, or with the consent of the other. Some of these parental rights include the right to make educational decisions for the children, the right to make medical decisions for the children and the right to make legal decisions for the children. In addition, a possession or parenting schedule is established to determine when and how much time the children will spend with each parent.

In fewer cases, one parent will be named the “sole managing conservator,” giving one parent the exclusive right to make all decisions for the child. This most often happens in cases of abuse, neglect or abandonment.  

The Best Interests of the Child

The Courts’ guiding legal principle in deciding what rights each parent should have is the child’s “best interest.” Best interest varies from case to case, but typically, Courts consider the following factors when determining what is in a particular child’s best interest:

• the desires of the child;
• the emotional and physical needs of the child now and in the future;
• the emotional and physical danger (of one parent) to the child now and in the future;
• the parental abilities of the individuals seeking custody;
• the support system available to each parent;
• the plans for the child by each parent;
• the stability of each parent’s home;
• difficulties between either parent and the child;
• which parent enables and promotes a friendly parenting environment for the other parent,
• who has been making the educational decisions of the children,
• who has been making any medical related decisions,
• who generally prepares for and feeds the children,
• which parent regularly meets with the teachers if the child is school age,
• whether one parent has been alienating the child from the other parent,
• who gets the child up in the morning and puts him/her to bed at night, and
• who participates in extracurricular activities,
• court-appointed (or retained) child custody expert recommendations.

At Cleaves Law Firm, we will work diligently with you to guide you through this difficult process. We can also provide you with strategies and resources to assist you and your children as you rebuild your life after divorce.