Child custody

How Does a Judge Decide Custody?

Posted by admin on September 17, 2018
A young girl listening to her divorcing parents argue about child custody

Parents are always encouraged to settle their differences in the best interests of any children without involving the court system. When this is impossible, the decision will be made by a judge. Many factors are involved, and a number of solutions can be considered. Our Round Rock Child Custody Lawyers at The Jackson Law Firm can help you understand your options.

The framework for custody, or conservatorship, is outlined in Chapter 153 of the Texas Family Code. There are two types of conservatorship: managing conservatorship, and possessory conservatorship. A managing conservator can be described as the person who makes decisions regarding the child’s welfare. A possessory conservator is a person who has physical custody of the child (including visitation). Both types of conservatorship can be either sole (one parent) or joint (both parents).

The main factor that a judge must consider in conservatorship issues is the best interests of the child. Factors described by the Child Welfare Information Gateway, include, but are not limited to, the following.

  • The child’s physical and mental abilities
  • Frequency and reasons for out of home placement
  • The extent, frequency, and circumstances of harm to the child
  • Whether the child has been harmed repeatedly
  • Whether the child is afraid to return home
  • The results of psychiatric tests of the child or immediate family
  • History of abuse
  • History of substance abuse of the parents
  • The willingness of the family to complete counseling
  • The willingness of the family to make personal changes, and/or changes to the home
  • Level of parenting skills demonstrated, including the health and nutritional needs of the child and a safe environment

A custody dispute is often filled with painful and difficult choices. It is an important decision that will impact your family forever. If you are seeking a Round Rock Child Custody Lawyer who will give your unique situation the attention you need, contact The Jackson Law Firm to schedule an appointment today.

For more information on our Round Rock Child Custody Attorney, please visit our site.

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