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Texas Child Custody

When Texas divorce courts are deciding child custody, decisions are based on the key standard of what's in the best interest of the child. Under Texas divorce law, it's assumed that joint legal child custody, or conservatorship, is best for the child unless it's proven otherwise. To determine which parent has primary physical child custody, the Texas divorce court considers the following factors:

  • History of contact between the parents and child
  • Health, safety and welfare of the child
  • Mental and physical health of the parents
  • How close the parents live to each other
  • Preference of the child - if 12 or older
  • Evidence of child abuse

Texas divorce law will allow the parents to enter into a parenting plan to determine child custody. The divorce court will enforce the parenting plan as long as it's in the best interest of the child.

A local Texas divorce lawyer can help explain how Texas child custody laws will affect you and your family. Work toward protecting your relationship with your child today by speaking with a Texas divorce attorney practicing near you. Call 877-349-1310 or fill out a Texas divorce case review form below to find a divorce lawyer in your area. If your child custody case doesn't involve a divorce, you can still connect with a local attorney who concentrates in family law for advice on how to handle your case.

Case Evaluation


The above synopsis of Texas divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Texas divorce lawyer in your area.

Texas divorce laws were last updated April 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.