When parents separate or divorce, one of the most important and emotional decisions the court makes is about child custody. In Texas, the law is very clear: the child’s best interests always come first.
But what does that really mean? Who decides what’s best for a child? Can a parent’s income, living situation, or even relationship status impact custody? This article answers all of that in simple, clear terms.
Whether you’re a single parent, going through a contested divorce, or working with a Fort Worth family lawyer, this guide will help you understand how courts view child custody and what you can expect during the process.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Does “Best Interests of the Child” Really Mean?
In Texas, the phrase “best interests of the child” is the gold standard used by judges to make decisions about conservatorship (custody) and possession and access (visitation).
It’s not about who makes more money. It’s not even about which parent wants more time. It’s about what keeps the child safe, healthy, and emotionally stable.
Here are a few things courts usually consider:
- The child’s emotional and physical needs
- Each parent’s ability to meet those needs
- Stability at home and in school
- Any history of violence, neglect, or substance abuse
- The child’s relationship with each parent
- In some cases, the child’s own wishes (usually age 12+)
This list isn’t final. The court can consider anything it believes is important for the child’s well-being.
What the Texas Family Code Says About It
The Texas Family Code provides a legal framework for judges to use when making custody decisions. Here’s what it says:
Section 153.002: Best Interest of the Child
“The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
Section 153.003: No Preference Based on Gender or Marital Status
“The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child.”
Section 153.004: History of Family Violence or Abuse
If a parent has a history of violence or abuse, the court may restrict or deny custody or visitation rights altogether to protect the child.
So, if one parent is more financially stable but has a record of abuse or alcohol problems, the court will likely favor the other parent, even if they have fewer resources.
Real-Life Example: Who Gets Custody?
Let’s say a couple is going through a contested divorce in Fort Worth. The father travels frequently for work, while the mother works locally and has been the child’s primary caregiver.
Even if the father earns more and lives in a bigger home, the court may decide that staying with the mother is better for the child’s daily needs, school routine, and emotional comfort, especially if she has been the constant figure in the child’s life.
In this situation, a divorce attorney near you can argue for custody based on what’s best for the child, not based on income or house size.
Scenarios That Influence Custody Decisions
Here are a few common situations and how Texas courts might handle them:
1. One Parent Is Moving Away
If one parent wants to move out of town or out of state, the court will examine how that affects the child’s school, friendships, and time with the other parent. The court may limit relocation if it harms the child’s routine.
2. A Parent Has a New Partner
Having a new relationship isn’t a reason to lose custody. But if the new partner has a criminal background or creates a hostile environment, it could impact the court’s decision.
3. High-Conflict Co-Parenting
Parents who fight constantly in front of the child may both lose credibility. Judges prefer parents who can work together. A family court lawyer will often guide clients to show a willingness to cooperate.
How to Show You Act in the Child’s Best Interests
Here’s how parents can demonstrate to the court that they put their child first:
- Keep a stable job and home
- Maintain involvement in the child’s education and healthcare
- Avoid talking badly about the other parent
- Follow existing custody orders
- Show emotional support and understanding toward the child
Even if you’re filing for divorce without an attorney, these actions can support your case.
Related Legal Support: More Than Just Custody
When child custody is involved, other legal areas often come into play, such as:
- Spousal maintenance attorney services for financial support
- Prenuptial and postnuptial agreement services to clarify future obligations
- Marriage asset division and divorce asset split help for high-net-worth couples
- Divorce attorneys for women, men, military spouses, or LGBTQ parents
At Turner-Monahan, we handle all of these, making the process less overwhelming.
Turner Monahan PLLC – Here to Support You
Custody battles can feel like emotional minefields. But with the right support, you don’t have to face them alone.
At Turner Monahan PLLC, we’ve been helping families in Fort Worth, Tarrant County, Dallas, and Cleburne since 1973. With over 1,000+ divorce and custody cases handled, we know how to build a strong case around what matters most, your child’s safety, happiness, and stability.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
