“Child Custody” and “Visitation” are terms not used by Texas Family Courts. In Texas, the terms “Conservatorship” and “Possession” are used to determine custody and visitation of minor and disabled children. The courts used to grant primary child custody to the mother and provided the father with very limited visitation rights. Now the courts prefer that both parents play major roles in their children's lives following divorce if at all possible keeping in mind that the governing factor is that which is in the “Best Interest of the Child.”
The court encourages parents to work together to create a custody and visitation plan before the judge has a conservatorship (custody) hearing. By reaching an agreement prior to going to court, parents keep more control over the critical decisions that will shape their post-divorce lives with their children. However, if the parents are unable to reach an agreement the court will determine what is in the "best interest" of your child(ren). This process could include court-ordered assessments by a child psychologist or other qualified professionals. The court may consider the following factors:

Desires of the Child

Emotional and physical needs of the child (current and future)

Emotional and physical dangers to the child (current and future)

Parenting abilities of the individuals seeking custody

Plans for the child by the individuals seeking custody

Stability of the home or proposed placement

Custody of other siblings

With Michael V. King on your side, your custody and visitation orders will be our top priority because we know that family matters most. Be proactive and call us today!