Preparing for a Texas child custody case starts with showing your involvement in your child’s life and your ability to meet their physical and emotional needs. Judges focus on what supports the child, so the clearer, organized, and detailed your evidence is, the stronger your position becomes. With guidance from a Frisco family law and divorce lawyer at Albin Oldner Law, you can approach your custody case in Texas with confidence and a clear plan.
Judges base decisions in Texas child custody cases on the best interest of the child. They look at daily involvement, the stability each parent provides, and what arrangement will support the child’s long-term well-being. Knowing what the court evaluates ahead of time can help you prepare effectively and explain why your proposed custody arrangements make sense.
What do judges consider in a suit affecting a child’s best interests?
Parental preferences are toward the bottom of the list of things a Texas family law judge considers when issuing possession orders. Much more important is a safe, healthy living arrangement that will allow the child to thrive.
Texas law sets several specific considerations for judges to evaluate in child custody matters, including but not limited to :
- The parent-child relationship, and which parent has been the primary caregiver. This includes how each parent supports the child’s emotional development and the strength of the bond between the child and each parent.
- Each parent’s ability to provide a safe, stable home. Safe and stable generally means clean, with functional utilities, a room for the child to sleep in, and plenty of food and access to laundry. Housing insecurity may be a weighty factor in determining physical custody. Additionally, a judge may consider the presence of unrelated adults living in the home (such as roommates).
- Whether the child is thriving in their current environment. Having friends in the neighborhood, the proximity of each parent’s house to the child’s school and extracurricular activities, and how long the child has lived there all factor in. Courts may view moving the child from the home they’ve lived in for years as unreasonably disruptive.
A judge also evaluates each parent’s physical and mental health. Having a chronic condition may not preclude being awarded primary custody, but recurring health problems that make day-to-day parenting tasks difficult or a history of substance abuse likely will. How the parents relate to one another is another consideration.
If there is a demonstrated history of parental alienation by one parent, that individual is likely to be viewed much less favorably than a parent who actively encourages their child to maintain a good relationship with the other parent.
Steps to prepare for your child custody hearing
Judges make their rulings, whether it’s temporary orders for child support and custody or the final decree, based on the information presented to them. They don’t go out and investigate your home life; it’s your responsibility to provide relevant information, like school and medical records, and other evidence of your involvement in your child’s life.
You can help your lawyer build the strongest case by:
- Compiling school attendance, grade reports, medical and dental records, and extracurricular activity schedules, and note your role in meeting your child’s needs here
- Collecting receipts showing you contributed to your child’s needs, and photos or videos of you with your child, which show your involvement in your child’s life
- Gathering evidence of your ability to provide a safe and consistent living environment, such as a stable job and a reliable support system. Judges rule based on each parent’s ability to provide a safe and stable home
- Continuing to be actively involved in your child’s life, including helping with homework, attending events, and taking them to appointments and activities
Make sure you’re being respectful to your child’s other parent. Judges will evaluate your ability to co-parent when determining custody arrangements. Avoid conflict, speak respectfully, and focus on your child’s needs. Show the court you are willing to cooperate and facilitate your child’s relationship with the other parent.
Get the legal advice you need for a tough child custody battle
Parents who face health challenges or who are working through substance abuse concerns may still share custody. Judges look at the full picture, including whether a parent is attending counseling, addressing health needs, or taking steps to create stability.
Texas courts often appoint parents as joint managing conservators because children benefit from strong relationships with both parents. Even in a contested case, the court focuses on the plan that supports the child’s development, schedule, and long-term well-being.
Albin Oldner Law attorneys help parents prepare evidence, organize parenting plans, respond to concerns raised in court, and navigate temporary orders. With support from experienced family law attorneys, you can present a clear and well-supported case that reflects what your child needs.
To discuss your custody case in Texas with an attorney, contact Albin Oldner Law at (214) 423-5100 for a confidential consultation.
