What Factors Affect Child Custody/Visitation?

When making decisions about child custody and parenting time, courts try to reach an outcome that serves the best interests of the child. Typically, that involves a meaningful relationship with both parents and some form of shared custody.

At Grimes & Fertitta, P.C., in The Woodlands and Houston, we help parents understand Texas child custody laws so we can help them fight for a fair share of parenting. When it is in the child's best interest, we also help parents pursue primary or full custody.

How Are The Child's "Best Interests" Determined?

A variety of factors help courts determine the best interests of the child, including:

  • The financial situation of both parents — Custody arrangements also affect child support determinations, and it is important that the resolution be feasible for both parents.

  • Both parents' ability to raise the child — A mental health condition, substance abuse or other factors may prevent a parent from securing custody.
  • The location of both parents — Often, courts will seek a schedule that minimizes disruption to the child's education, work or extracurricular activities.
  • Each parent's relationship with the child — If one parent was the primary caregiver during the marriage, the court may elect to maintain a similar structure under a custody order.
  • Any special needs or other considerations — When children have special needs that require additional care, courts may deviate from typical custody arrangements.
  • Any history of domestic violence — Violence directed at the child, the other parent or another family member will likely influence child custody proceedings.
  • The desires of the child — Children aged 12 and older may testify to their preferences, which the court will consider along with the other factors.

Schedule A Consultation And Learn About Your Parental Rights

For attentive service backed by a history of results, we encourage you to contact us for an initial consultation. From offices in Houston and The Woodlands, our attorneys serve individuals and families throughout the surrounding communities. Please call 281-407-8256 or 800-584-3973 toll free, or connect via our website to arrange an appointment at your earliest convenience.