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How Can I Get Custody in a Texas Divorce? 

Posted on in Child custody

texas child custody lawyerFor parents who are getting divorced, figuring out how custody and visitation work in Texas can feel overwhelming. Fathers especially may worry that they will lose access to their children once the divorce is finalized. Fortunately, the trend in Texas is moving towards making it easier for both parents to exercise their parental rights equally and maintain a loving relationship with their children. If one of your goals in your Texas divorce is getting custody of your children, read on. 

How Does Child Custody Work in Texas?  

Child custody in Texas is divided into two important areas: conservatorship, or the ability to make important decisions on behalf of a child, and access and possession, or the ability to spend time with a child as their caregiver (also known as visitation). Texas usually names both parents “joint managing conservators,” meaning parents will both participate in the decision-making process no matter how possession and access are allocated. 

Parents are encouraged to work together outside of court to create a parenting agreement that includes details about both conservatorship and access and possession. Parents are more likely to be satisfied with the parenting arrangement when they play an active role in negotiating its details. If parents have a hard time getting along, a mediator can help them reach a compromise. 

When Does a Judge Make Custody Decisions? 

When parents cannot agree on a custody arrangement or when domestic violence is involved, the case will need to be litigated in court. Judges will consider many factors when determining which parent should have custody of and access to the child, including: 

  • The age and health of the child

  • The age and health of the parents

  • Whether the child or parents have any special needs 

  • The home environment of each parent 

  • The child’s preferences, if age appropriate

  • How much time the child has spent with each parent in the past

  • Which parent has primarily been responsible for the child’s daily care

  • Any other factor a judge deems relevant 

When you are ready to get divorced and pursue custody of your children, contact an experienced Texas divorce attorney who can help you explore the process further and begin the necessary paperwork. 

Schedule a Free Consultation with a Tarrant County Child Custody Lawyer

At Daniel R. Bacalis, P.C., we believe knowledge is power. We will work hard to answer your questions and make sure you understand the custody process so you can make informed decisions about your divorce. To schedule a free consultation and learn more about how we can help with every part of the divorce process, call one of our Tarrant County child custody attorneys today at 817-498-4105



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