free consultation

Child custody is determined by many relevant factors

The main principle that is usually behind the decision of a Texas family court judge in a child custody case is the broad concept of "best interests of the child." This is not a static determination with preset rules but rather it will vary in each child custody case depending on the circumstances presented. The point of the rule is that the court is not determining child custody to satisfy the demands of the parents, but rather to serve the true needs of the children.

The ideal custody arrangement that the courts will strive to foster is often called "shared custody." In shared custody, the parents will not necessarily divide their time with the children on a strict 50-50 basis, but they will share equally in the decisions relating to the upbringing of the children. The facts of the case, however, are not always amenable to a shared custody determination. 

Where it is necessary that one parent have primary physical custody of the child, the court will strive to provide a workable visitation order for the noncustodial parent. This model has been popular in the past in Texas and throughout the country. It is, however, losing favor as social workers, psychologists and other experts tout the superior value of the children living with each parent and having a true sharing relationship with each of them. 

Many factors are looked at by a child custody court in Texas. Some of these include monetary factors, household facilities, geographical locations, school opportunities, commuting arrangements and living conditions. If the parents live in close proximity, physical custody may be shared more so than in other situations. Child custody experts are increasingly assuming a role custody disputes to parlay their expertise and share with the court advanced thinking and trends in this vital area of practice.                                                                                                                         


Source:, "What Factors Influence Child Custody Cases? (with pictures)", Lori Smith, Nov. 7, 2017

No Comments

Leave a comment
Comment Information

Call or Email Anytime To Schedule A Free Initial Consultation

Start by getting your questions answered. Call our offices in San Antonio at 210-617-3925 or send an email with a brief explanation of your legal needs. We will schedule an opportunity to have you meet with one of our lawyers as soon as possible.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Get Answers Within 24 Hours | Call 210-617-3925 or Email our bilingual staff for a Free Consultation. Se Habla Español

Review Us
Get a Free Consultation

Office Location

Vela & Del Fierro, PLLC, Attorneys at Law
210 E. Cevallos Street
San Antonio, Texas 78204

Phone: 210-617-3925
Fax: 210-227-4818
Map & Directions