Frequently Asked Questions
How is child custody determined?
Child custody is determined solely by what is in the best interest of the child or children. Most people advise their attorney that they want “primary custody”. This is a term not found anywhere in the Texas Family Code. Absent unusual situations, parents are usually named as Joint Managing Conservators and one parent will be designated as the conservator who has the right to determine the primary residence of the child or children. Many factors are considered in making this determination. Who has been the primary caregiver for the child or children? Who is more involved in school activities and sports? Who takes the child or children to doctor’s visits and dentist visits? If a child sees a counselor, what does the counselor believe? Teacher opinions can also be valuable. Depending on age, a child’s wishes can be considered.