Child custody in Texas: Answering top questions

When a couple decides end their marriage, they must always consider the impact of the divorce on their child. If you are fighting for child custody, it should be to protect the best interests of your child and not for your personal gains. Child custody is often one of the key contentions in divorces, and while you can get a divorce in Texas within 61 days, these things can cause delays. If you need legal help on the custody battle, you can check this out. In this post, we are answering top questions about child custody in Texas. 

Does the child have a say in the custody battle? 

Children don’t have the final call in the custody process, but if the child is 12 years or older, they can file an affidavit through their attorney to say who they wish to be their managing conservator. The affidavit is not binding on the judge in any manner, though the judge may consider talking to the child about preferences before the child custody order is passed. 

What is better – sole custody or joint custody?

There is no one answer to that question. Courts in Texas usually favor joint managing conservators, but it also depends on the circumstances of the case. For instance, if a parent has a history of drug abuse or domestic violence, they may not get either sole or joint custody of the child. Even if you get sole custody of your child, your spouse will have their share of rights, including visitation and duties. 

How will the court decide on visitation?

The court will rely on ab standard visitation schedule, but depending on the situation, the judge may make room for special allowances. As parents, you and your spouse can decide on custody arrangements outside of the court that is in the best interests of the child, and that can be different from the standard visitation schedule. 

What is a Standard Possession Order?

Whether or not you and your spouse live within or further 100 miles from each other determines how the standard possession order will be passed by the court. For instance, if you live close to your spouse (within 100 miles, the holidays are evenly divided, and even with you having sole custody, your spouse will have visitation rights for at least two weekends every month. 

Talk to a child custody attorney today to understand Texas laws better.