Killeen Child Custody Lawyer

In a child custody arrangement, one or both parties are granted what is called conservatorship. Conservatorship is a term that refers to the parent who receives primary custody of the child. The other parent receives visitation rights. If parents want to maintain joint custody, it is also possible to seek a joint conservatorship agreement. Joint custody is the default custody arrangement in Texas.

>> Related Reading: Joint vs. Sole Custody: What's the Difference?

How Is Child Custody Determined in Texas?

The most important factor for determining child custody arrangements in Texas is the children's best interests. Under Texas law, courts will use what are called "Holley Factors" for determining what is most beneficial to children involved.

Determining factors for custody in Texas include:

• What the children want
• Whether a parent presents the risk of current or future emotional and physical danger
• Current and future emotional and physical needs of the children
• Stability in the household of the parent seeking conservatorship

>> Related Reading: How is child custody determined?

What Is Considered an "Unfit Parent" in Texas?

When it comes to Texas custody laws, the court will consider a parent to be "unfit" if they believe the parent could have a significant negative impact on the child's physical, mental, and emotional well-being. Common examples of an unfit parent include parents who demonstrate:

• Neglect / abandonment
• Domestic violence or child abuse
• A history of alcoholism or substance abuse
• Unfit living conditions
• An unstable home environment
• No interest in the child's well-being, care, or child support

Is Texas a Mother State or Father State for Custody?

Under Texas law, a mother is automatically a child's legal parent, whereas the father must establish paternity in order to have parental rights. When it comes to custody in Texas, a mother does not have to prove her parental rights, whereas a father must establish paternity in order to have custody rights in TX.