How does the court determine which parent should have primary custody of the child(ren)?
Texas law presumes that the joint custody of the child is in the best interest of the child. However, only one parent will generally have the “right to determine the primary domicile of the child,” which is really means that only one parent will have “primary custody.” The parent having primary custody will be entitled to receive child support from the noncustodial parent. The court will decide the issue of child custody based on the overall principle of the “best interests” of the child. To make this determination, the court will consider a variety of factors, such as who has been the primary caretaker of the child, what are the living arrangements, who has been putting the child to bed, taking the child to the doctor, making dinner, supervising the child, and participating in the child’s education. Also, the court looks at other factors, such as persons the parent may allow the child to interact with (i.e. the parent’s paramour or spouse), any evidence of bad parenting decisions made
Related Questions
- I would prefer that the other parent of my child(ren) have no partial custody or visitation with my child(ren). What are the chances?
- What standard does a court use in determining who should have custody of the child(ren)?
- Is our written agreement concerning the custody of our child(ren) binding on the Court?
