How Does a Texas Court Decide Which Child a Parent Will Live With?

When parents are unable to agree on issues regarding custody of their minor children, it is left to a Texas district court judge to decide. Under state law, the court normally appoints both parents as joint managing conservators of the child. Also known as “joint legal custody,” this means that both parents share in decision-making regarding most key issues affecting the child. However, the court will also give one parent the exclusive right to decide where the child lives.

Judges Must Consider a Number of Factors

So how does a judge decide which parent gets to exercise this exclusive right? There is no single factor. Instead, the Texas Family Code and common law describe a number of factors the court may consider. Some of these factors include:

• if the child is at least 12 years old, their preference on who they wish to live with;
• the emotional and physical needs of the child, both currently and in the future;
• any current or potential physical danger to the child;
• the relative parenting abilities of each parent;
• each parent’s plan for where the child will live;
• the stability of the child’s home;
• the acts of omissions of the parent that may indicate the current parent-child relationship is not proper;
• the ability of the parents to prioritize the welfare of the child and reach shared decisions in the child’s best interest;
• whether each parent can encourage and accept a positive relationship between the child and the other parent;
• whether both parents participated in raising the child prior to litigation; and
• the geographic proximity of the parents’ residences.

Again, it is critical to understand that no single item from this list is controlling. For example, just because the child says they would rather live with their mother than their father, that does not bind the judge to award the mother exclusive right to decide where the child lives. The judge’s role is deciding, based on all relevant factors, what is in the child’s best interests, both in the short term and the long term,

Can You Appeal the Judge’s Decision?

Obviously, when the court awards one parent exclusive right to designate a child’s residence, the other parent may want to appeal that ruling. Such appeals are allowed in Texas. But the standard for winning such an appeal is quite high.

In child custody cases, an appellate court reviews a trial judge’s decision for “abuse of discretion.” That is to say, did the judge act in an arbitrary or unreasonable manner? The higher court’s job is not to re-weigh the evidence, but instead to look at whether there was sufficient evidence presented such that a “reasonable and fair-minded person” could reach the same conclusion as the lower court.

Contact an Austin Family Law Attorney Today

If you need legal advice or representation in connection with a child custody matter, our Austin family law attorneys are here to help. Contact The Law Office of Oprea & Weber today at 512-344-9070 to schedule a consultation.