Child custody battles are one of the most emotionally charged aspects of a divorce. In Texas, they refer to child custody as conservatorship. Courts determine the best interests of the child when deciding custody arrangements. But do a child’s wishes play a role in these decisions? Here is what you need to know.
What are Texas custody laws?
In Texas, custody is known as conservatorship. Parents typically share this responsibility, meaning both have the right to make decisions about their child’s upbringing. However, in cases of abuse, neglect, or abandonment, one parent may become the sole managing conservator. The other parent may still have visitation rights but will not have a say in decisions about the child.
If parents cannot agree on a custody plan, the court will step in. The judge will consider many factors, including the child’s well-being, the ability of each parent to provide a stable home, and the child’s relationship with each parent.
Are a child’s wishes considered?
Yes, Texas courts do consider a child’s wishes, but only under specific circumstances. If the child is 12 years old or older, the judge will take into account their preference for custody, provided the child can clearly explain their reasons. The court will ensure the child’s testimony is safe and confidential.
However, the child’s wishes are just one factor. The judge will also consider other essential elements, such as the child’s emotional needs, the parents’ ability to co-parent, and the overall environment each parent can provide.
While Texas courts consider a child’s wishes in custody cases, they do not rely solely on them to decide. The court will always prioritize the child’s best interests, weighing many factors to make the final decision. If you are involved in a custody dispute, an experienced attorney can help you ensure the best outcome for your family.