Courts determine custody based on best interests of the child

Oct 31, 2019Child Custody

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In child custody cases in Texas, the court has broad discretion to make any ruling it sees as fitting, and the decision will be based on the facts of the case. Generally speaking, though, there are certain factors that the court will take into consideration before it makes a ruling. The standard that the court uses is the best interests of the children. Among the factors it might weigh are the children’s ages, the parents’ wishes, the quality of the relationships and the parents’ willingness and abilities.

The ages of the children involved might impact the judge’s decision in a child custody case because courts usually want younger children to have consistency. As the children get older, consistency may not be as important to the court. The court will also be interested in the preferences of the parents, not that it will necessarily attempt to meet their wishes. The court will usually ask what the parents want, though.

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