How to Get Custody of Your Children In Texas

How to Obtain Child Custody in Texas

If you are getting divorced or are separating from your partner, one of the issues you may have to face is who will get custody of your child(ren). Although it may seem complicated at first, the process for deciding child custody in Texas is pretty straightforward.

Understanding the Custody Process

The child custody process in Texas involves several key steps. Understanding these steps can help you prepare and increase your chances of achieving a favorable outcome.

Step 1: File a Petition

The first step is to file a petition with the court. This can be part of a divorce petition or a separate Suit Affecting the Parent-Child Relationship (SAPCR). The petition should include:

Information about the child(ren)
Your relationship to the child(ren)
The type of custody arrangement you're seeking
Why this arrangement is in the child's best interests

Step 2: Serve the Other Parent

The other parent must be formally notified of the custody action. This is typically done through a process server or constable who will deliver the court papers to the other parent.

Step 3: Attend Court Hearings

You may need to attend several court hearings, including:

Temporary Orders Hearing: Establishes custody arrangements while the case is pending
Mediation: Attempts to reach an agreement without going to trial
Final Hearing or Trial: Where the judge makes the final custody determination

Step 4: Present Your Case

At trial, you'll need to present evidence showing why your proposed custody arrangement is in the child's best interests. This evidence may include:

Testimony about your involvement in the child's life
Evidence of the stability of your home environment
School records showing the child's adjustment
Character witnesses
Documentation of your ability to meet the child's physical and emotional needs

What the Court Considers

Texas courts base custody decisions on the best interests of the child. Factors considered include:

The emotional and physical needs of the child
Each parent's ability to meet those needs
The stability of each home environment
Each parent's parenting abilities
Any history of family violence or substance abuse
The child's wishes (if age 12 or older)
Each parent's willingness to support the child's relationship with the other parent

Types of Custody Arrangements

In Texas, you may seek:

Joint Managing Conservatorship: Both parents share decision-making authority
Sole Managing Conservatorship: One parent has exclusive decision-making authority
Possessory Conservatorship: Provides visitation rights but limited decision-making authority

Tips for Success

To improve your chances of obtaining custody:

Maintain detailed records of your involvement in your child's life
Demonstrate stability in employment and housing
Show flexibility and willingness to cooperate with the other parent
Avoid speaking negatively about the other parent in front of the child
Be prepared to show how your proposed arrangement serves the child's best interests
Consider working with an experienced family law attorney

The Importance of Legal Assistance

Child custody cases can be complex and emotionally challenging. Having an experienced attorney can help you navigate the legal process, present your case effectively, and protect your parental rights.