What do judges look at when deciding custody in Texas

mother holding sleeping newborn baby on her chest while they dose.

Child custody can be one of the most difficult and emotional aspects of a divorce from your spouse or separation from your partner, no matter your children’s age.

If you are going through a divorce or separation and need advice on child custody, it is important to consult with an experienced family law attorney. A lawyer can help you understand your rights and options, and can provide guidance on the best way to proceed with your custody case. In addition, a lawyer can represent you in court and ensure that your interests are protected throughout the legal process.

If you have gone through a divorce or separation and are entering into legal proceedings to determine who gets the children, we are here to help. Here at The Love DuCote Law Firm LLC, we have the skills and experience necessary to help you get the result you desire.

Find out how we can help your case by contacting us at 832-843-1691 today.

What Is Child Conservatorship And How Is It Decided In Texas?

In Texas, custody is known as conservatorship. The laws governing decisions around it can be found in Title 5, Chapter 153 of the Texas Family Code.

In the state of Texas, child conservatorship decisions are made by the courts based on what is in the best interests of the child. The law does not provide a specific definition of what constitutes the best interests of the child, but previous court cases have established that judges may consider a variety of factors when making these decisions.

Ultimately, the decision on child conservatorship will be based on the specific facts and circumstances of each case. It is important to keep in mind that the court is not biased towards either parent, and will not automatically assume that one parent is better suited for custody than the other.

The Factors Judges Consider In Child Custody Decisions

As we covered above, there is no set list of considered factors for child custody cases – the main thing that determines the final decision is what is estimated to be in the best interest of the child.

However, there are some factors that are particularly likely to be considered by the judge in a Texas custody battle. These include:

The child’s age and health.
The age and health of the child’s parents.
Whether there are any special needs involved – again, with either the child or their parents.
The home environment of each parent.
The personal history of each parent, for example, whether they have a criminal record or accusations of abuse.
The child’s physical and emotional needs.
The ability of the parents to provide for the child.
The child’s relationship with each parent, as well as other siblings.
Any history of child abuse, domestic violence, substance abuse issues, or other issues that could put the child in emotional danger or at risk of physical harm.
The amount of time either parent would be able to spend with the child.
The child’s education.
What level of involvement each parent currently has with the child’s life.
Any other factors the court deems relevant.

The court may also consider the child’s wishes, if the child is old enough and the child’s desires are expressed as a preference in a way that is reasoned and articulate.

The Interest Of The Child Should Always Come First

The major decisions in a child custody case are made by attempting to predict the impact on the child’s life. Thus, some of the factors listed in the previous section will be weighed more than others, and things are not always clear-cut, but more likely to vary on a case-by-case basis.

For example, one parent may possess considerably more income than the opposing party. However, if there is evidence this parent does not have adequate time to spend raising their child and their child will be transported away from all other family members and established support systems, there is a good chance that the judge awards custody and primary caretaker privileges to the other parent in order to maintain continuity in that child’s life.

Child Custody Cases In Texas Do Not Use Physical And Legal Custody

Many states divide custody into physical custody and legal custody. However, this is not the case in Texas. Instead, Texas uses the terms possession and access.

In Texas family law, the terms possession and access refer to a parent’s rights and responsibilities regarding their child. Possession refers to a parent’s right to have physical custody of their child and primary residence with main control of the parenting plan, while access refers to a parent’s right to visit with their child and maintain a relationship with them.

The Types Of Possession In Texas Custody Cases

Possession is typically divided into standard possession and extended possession.

Standard possession is the default possession schedule in Texas, and it allows the non-custodial parent to have access to the child on certain weekends, holidays, and during the summer.

Extended possession, on the other hand, is a more flexible schedule that allows for longer periods of time with the child, such as extended summer vacations or long weekends.

The Types Of Access In Texas Custody Cases

Access, on the other hand, refers to a parent’s right to visit with their child and maintain a relationship with them. This may include the right to phone or video call the child, to receive information about the education and healthcare of the child, and to attend school and extracurricular activities.

Access is typically granted to the non-custodial parent, but it may also be granted to other family members or individuals who have a close relationship with the child.

The Types Of Custody Resulting From A Custody Dispute In Texas

If you have custody of your child, this is known legally as managing conservatorship, and there are different forms that it can take.

When going through a custody battle in Texas, it is easy to feel bogged down and overwhelmed by the various terminology. In order to stand the best chance of receiving the legal result that you desire, it helps to understand the legal terminology.

The following sections will explain the technical terms for each type of custody, and what they will mean for the parent’s ability to see their child.

Sole Managing Conservatorship/Sole Custody

If a parent is granted a sole managing conservatorship over their child, that means they have sole custody of the child and are the only parent entitled to make decisions about that child’s life.

This means that their home will be the primary family home, and they will make decisions related to the healthcare, education, and other important factors relating to the day-to-day life of the child in question.

However, this does not mean that the other parent cannot spend time with their child. It is still possible for the other parent to get access to visitation rights, which are usually set forth in an agreed-upon visitation schedule.

Joint Managing Conservatorship/Joint Custody

If the judge designates both parents as joint managing conservators, that means they both are responsible for the decisions in their children’s lives.

Similarly, if the parents are granted joint custody, they will likely both be spending time with the children involved in the case. Depending on whether or not the parents are able to agree, the judge may weigh in to enforce a time split that is in the best interest of the children.

Texas Judges Have A Preference For Allowing Both Parents Access

In Texas, a judge will try to achieve a joint conservatorship if the evidence suggests that it is in the best interests of the children involved. However, it is still possible for one parent to be granted a greater deal of power for deciding key factors related to the child, even in a joint conservatorship.

Similarly, even in custody decisions where the court rules that one of the parents has sole custody, the court will still try to ensure that the other parent has visitation rights to the children.

Texas Judges Should Not Have A Gender Preference For Custody Disputes

Traditionally, there has been a lot of gender bias in court decisions as to which parent custody of kids will be granted to. This was known as the tender years doctrine, and meant that being the mother of the kids was a major factor that influenced the likelihood of being awarded custody.

Thankfully, this outdated practice is now outlawed in legislation. Since the court should rely on evidence alone to make the decision of who is granted custody of the children, they cannot rely on gender bias to make their decisions.

Not Paying Child Support Will Not Impact Rights Of Visitation In Texas

Child support is supposed to be paid to the custodial parent by the noncustodial parent, in order to cover the additional costs of raising the kids for the majority of the time. Some states allow the parents of children to revoke visitation access if the other parent fails to pay the necessary child support.

However, this is not the case in Texas. It is officially enshrined in legislation that a parent granted rights of visitation may not be banned from seeing their children, even if they do not pay the child support fees that they are supposed to.

Contact A Texas Family Attorney Today For Your Child Custody Case

If you are going through a custody dispute over your children, you need the assistance of a lawyer with the skills, legal knowledge, and experience to get the result that you desire. Custody battles can be complex and emotionally draining experiences, and due to their subjective nature, it is vital that you have a lawyer with strong persuasive skills and thorough knowledge of their field.

That is exactly what we offer at The Love DuCote Law Firm LLC. Our lawyers have been fighting and winning for clients just like you for years. To find out how we can help you, contact us at 832-843-1691 today.

I rate Jeremy DuCote #1 and strongly recommend Mr. DuCote to all who seek a victory in court.

- Fernando

that cares about her clients and fights for their rights. I recommend Leigh Love and want to thank her for everything she has done for my family.

- Former client

In every instance [Jeremy DuCote] has exceeded my expectations and delivered results above and beyond my expectations.

- Sean

Mrs. Love did everything she said she would do, kept me inform and was very helpful, understanding and professional. I honestly do not think that there is a better lawyer in Houston area, I would…

- Michael

Mr. Ducote continues to be an excellent advocate for me and I would recommend him to anyone who needs a conscientious, hardworking and caring family law attorney.

- Former child custody client

I rarely write reviews online, but I felt that the service provided by Leigh Love was nothing less than outstanding and definitely deserves a review. Leigh surely helped me avoid the impact of what could…

- Robin

I have great confidence in her abilities to not only litigate, but openly discuss both uncomfortable challenges and unexpected situations yet be flexible enough to quickly redirect course of action. Leigh is extremely professional and…

- Alex

Mr. DuCote for getting the charges dropped against my son and for dealing with a very scared and very worried mother. I can breathe again.

- Former client

I was charged unjustly with a misdemeanor. Ms. Love represented me in a way that was exceptional, professional and exemplified having a passion for making the wrong, right. As a Pastor and Real Estate Agent…

- Pastor C.

[Attorney Leigh Love] is a miracle worker, there is nothing that’s impossible for her to try solve… If it wasn’t for her I don’t know how I would had got through with all my cases.

- Annette S.

Anyone who reads this, and wants a great lawyer who rocks, get in touch with Leigh Love (Jeremy DuCote). You positively WON’T regret it!

- Susy

I hired Mrs. Love to help with 3 separate misdemeanors all of which were possession of marijuana. She was very understanding and helped me with a payment plan for her to take all 3 cases.…

- Pablo M.

The moment I meet him the worries were lifted off my back, and I could sleep at night. His hard work proved that you are innocent until proven guilty in America. If you truly want…

- Clyde

My case was dismissed because of the dedication and hard work of my lawyer. I’d recommend her to anyone that is in need of representation.

- Patricia

Not only a lawyer but she actually cares an treats her clients as friends. This woman will fight for you an go above an beyond your expectations. I highly recommend her.

- John

[Leigh] was able to get 2 felonies dismissed for me since I really was innocent. A great attorney and I would recommend her any day.

- Tony

We had a very good experience with The Love DuCote Law Firm! Jeremy accommodated a last-minute request in his schedule to meet with us and gave us a thorough explanation of the potential ramifications our…

- Rodrigo B.

“I Highly Recommend The Love DuCote Law Firm” Jody Saylor is a great attorney her professionalism and communication was outstanding she did an awesome job in the court room. The love DuCote team helped me…

- George L.

Jody came through BIG time for our family! She was patient and attentive to our wants during a contentious custody battle! We are so grateful for her hard work and will be using The Love…

- Stephanie R.

Attention FATHER'S and anyone who is going through this difficult time called Divorce. This is Law Firm that should be on the top of ur list. . BTW MY COURT IS DAY AFTER THIS REVIEW.…

- AB Str8Ice

I want to thank Mr.Ducote, Jessica, & Jodie. Love ducote law firm has showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. Mr.Ducote & his team thoroughly reviewed all…

- Kierra A.

Top notch Professionals outstanding Law Firm Representation, my Lawer is Jody she handled my case with ease and came through word for word on the matter discussed. I will use them again with any future…

- Jose N.

Jody and her team were nothing short of amazing in handling our family case. Their professionalism and promptness to our needs and making the best decisions for our case ended in a victory. I can’t…

- Debbie T.

Jody Saylor did an amsome job representing my brother Anthony..not only winning the case, but she gained our trust with her talent in law for future needs. Thank u. Jody.

- Robert P.

I want to give a big thank you to Jessica and Jody for getting my felony case dismissed!At first i was giving up on the wait but they explained every detail and gave me hopes…

- Ruby R.

The Love &Ducote lawfirm are the best attorneys in houston ! They do Unbelievable and amazing work, they do everything in their power to make you feel comfortable. I could not ask for a better…

- Rithin J.

Both my husband and I are delighted with the service from The Love Ducote Law Firm. The entire team is professional, responsive and will work hard to reach the best outcome for your case. Jody…

- Denise H.

Going through a divorce is definitely one of the hardest things to go through in anyone's life. Hopefully you are able to avoid going through it at all costs, but when you can't avoid it,…

- Raul S.

The Love DuCote Law firm helped me fight in court with my case recently resulting in a great outcome. I couldn’t have done it without the help of Jeremy and his staff, they updated me…

- AJ Jimenez

Jeremy went above and beyond for me. He kept me reassured and knew what was gonna happen before it happened. He's very confident in the court room and did for exactly what he said he…

- Brenda D.

On behalf of my family I cannot express how thankful and grateful for the wonderful work that Love/ DuCote law firm, especially Mrs. Love in helping my younger brother. Mrs Love have been dedicated to…

- Felicia D.

I am overwhelmed and extremely satisfied with the outstanding professional representation that we received in a recent criminal case, that spanned a four year period, finally going to trial that resulted in an acquittal. Attorney…

- Robert C.

When I went into The Love DuCote Law Firm office I was very nervous and unsure about what to expect. I’ve never had to hire an attorney before but I definitely needed an experienced one…

- Stephen R.

Jeremy Has handled several cases for both my son and I. My dealings with Leigh Love and his office manager have always been pleasant, and they have been very helpful. Jeremy has delivered exceptional results…

- Sean K.

I have visited many lawyers for my husband and no one was more confident in my husbands case than Love! I am beyond great full for everything they have done past 3 years fighting for…

- Masha A.

I cannot express enough how satisfied I am with my experience with this law firm. Specifically with Jody Saylor. Unfortunately I have dealt with a number of other attorneys is the past, but working with…

- Henry P.

Leigh did an amazing job!!!!! She had both of my cases dismissed. She will defend your freedom!! The firm made sure that my confiscated property was returned to me promptly, and also did all the…

- Bryan W.

The Love Ducote Law Firm has been life-changing. Over the last year, I have been dealing with a case while juggling working full time and being a business student in NYC. Jody Saylor worked with…

- Nandi H.

The Love and Ducote law firm saved my life. I’m so grateful and thankful to every single person that’s is part of y’all’s badass team. I was on 10 years deferred probation for something I…

- James B.

To the attorney's at Love DuCote Law Firm. I just want to take this the time and let you know I was very satisfied with your firms handling of my husbands case. Whenever I called…

- Sharon L.

My fiance and myself are forever humbled and grateful for the amazing Attorney Leigh Love and her awesome law associate, Robin. I absolutely 1000% recommend The Love Ducote Law Firm for the extreme dedication and…

- Brene L.

I was wrongfully being charged with a misdemeanor, and found the services of Leigh Love to be exceptional. She took time to listen, showed she cared and addressed my issue as if it were her…

- Cameron H.

I've had the opportunity to have Jeremy DeCote from Love DeCote Law Firm represent me in the past and is currently helping me again with another legal matter. Jeremy is a amazing lawyer and would…

- Darren C.

I am very proud to have had the Love Ducote Law Firm represent me . I know they always had my best interest in mind and always helped me with every question or worry I…

- Glam X S.

Mrs. Love is great. If you are looking for a lawyer who will work hard to defend u look no further. Mrs.love is smart,respectful,professional and always on your side, not like some other lawyers who…

- Elizabeth C.

My experience with the love ducote law firm was everything I had hoped for and more. They were extremely professional, reliable, and their communication was great throughout my legal proceedings. I would definitely go back…

- Madison P.

Attorney Leigh Love and team helped our son age 17 years old get two misdemeaner chargers that he didn't commit dismissed from he record. Ms. Love thoroughly reviewed all the charges,the evidence and explained laws…

- Martin H.

i had fight back the tears when love ducote called me with best news. 5 stars isn't enough for this law firm. They are definitely the best of the best law firm's that will go…

- Brittany G.

Very professional firm. If you're looking for serious representation, look no further. I've used Jeremy before, and that's the reason I'm hiring him again.

- Rick W.

I was appointed Jeremy Ducote as public defender,Jody Saylor got my felony case dismissed.The Ducote law firm was very responsive, and professional.They kept me up to date with everything.5 stars highly recommended.

- Marquise T.

Jeremy and Leigh are without a doubt the best defense attorney's in Fort Bend County. A great team to work with and help you through the tough times. If you need an attorney, they will…

- Robin Z.

Everyone were very friendly and helpful. My first time consultation with Mr. DuCote was very helpful for me to understand process ,the way he explained I was very comfortable. Fees are very reasonable. I will…

- Trupti P.

Honestly the best law firm in Fort Bend/ Harris County, Mr.Decote is one in a million great lawyer he’s on the ball with your needs and cases. Really amazing environment at their office, will always…

- Brandon H.

I highly recommend The Love DuCote Law Firm. Jody worked incredibly hard. She responds quickly to messages, communicates effectively, and is always ready to go to bat when needed. Five stars.

- Clay

Jodie was a major help She saved my life !!!!!she made sure that she kept her word i actually thought I was getting jail time or probation and then boom!! Cases dismissed signed for a…

- Jesse K.

10 out of 10!!! The Love Ducote Law Firm handled my criminal case as “court appointed”. They where there every step of the of the process and explained all options and helped me to reach…

- Kenny R.

If there were 10 star rating available I would give them a 10 star rating. Very good at doing their job and very excellent staff, especially Victoria Segura and attorney Jody Saylor. My hats off…

- Oil’s K.

Everyone in the office was professional and treated me with respect. I’m absolutely thrilled with how Mr. Ducote handled my case. He was a blessing. I hope to never need a lawyer again but know…

- Wyla O

Mrs. Love you are by far the absolute BEST attorney ever! You have the heart, confidence, endurance, and determination to succeed in any case you put your hands on. I thank you sooo much for…

- Janae O.

Jody was very professional and thoughtful in handling my case and extremely thorough in her work on making sure I got the best judgment for my case and circumstance. I definitely recomend this law firm…

- Miss T N.

First off and foremost, let me say I love Mrs. love... I went through so many lawyers and none of them gave me the energy and ease in my spirit... something told me (GOD) that…

- Demonica J.

Easy to deal with and excellent at his craft. The staff is the same and very courteous. Mr. DuCote is clear and no bs. He is tough and will work hard for you and can…

- Michael L.

Great staff at the office. Jeremy was very attentive and kept good communication during the whole process. They are the best lawyers I've ever had.

- Raymonny V.

Must say hands down to Love & Ducote, not for just the standard professionalism but the repeat effort of investigation for every & any new discovery. prices were fair & reasonable also, all around a…

- Caleb C.

Jeremy and his team were very helpful and were there for every step of my divorce case and were quick to answer any questions I had!

- Shannon T.

This lawyer was appointed to me and helped me expose the police Injustice and got all charges dismissed

- Boogs T.

Extremely knowledgeable, helpful and willing to listen. They really cared able me and my situation. I wholeheartedly recommend them to anyone with a legal need .

- Jim R.

Awesome lawyer! Woo hoo. Worked very hard for me and was able to get me a deal! Highly recommend Lee Love to fight for you!

- Samuel P.

I was charge for assault that I did not do we went to trial and Love and the rest of her law farm beat my case.Thank yall soo much

- Angie P.

Hands down the best law firm there is helped through a lot of my stressful situations! Recommended to all my friends that are in trouble!

- Kalvin A.

Thank you Miss Love for fighting for my freedom and getting me a second chance at life. My life was on the line and you never gave up.

- ABully 713

Jeremy is a master of is craft. Easy to talk to, funny, and will get the job done.

- Logan

If your about your business....... then you’d be wise to have Love Ducote on your team!

- WeMustBe Solid

This place is great! Jodie and Victoria were so helpful and knowledgeable! Highly recommend!

- Claudia S.

Very helpful and nice! explained everything and made everything simple! would definitely recommend

- Hamza M.

I really appreciate the DuCote Law firm! They will fight until its DISMISSED!!!!!!!!

- Cartier W.

THE BEST IN FORTBEND THANK YOU GUYS FOR EVERYTHING ❤️

- Brianna B.

These people really take care of you as if you're family

- George L.

“*“ indicates Required Fields

What do Judges Look at When Deciding Custody in Texas?

What Is Child Conservatorship And How Is It Decided In Texas?

The Factors Judges Consider In Child Custody Decisions

The Interest Of The Child Should Always Come First

Child Custody Cases In Texas Do Not Use Physical And Legal Custody

The Types Of Possession In Texas Custody Cases

The Types Of Access In Texas Custody Cases

The Types Of Custody Resulting From A Custody Dispute In Texas

Sole Managing Conservatorship/Sole Custody

Joint Managing Conservatorship/Joint Custody

Texas Judges Have A Preference For Allowing Both Parents Access

Texas Judges Should Not Have A Gender Preference For Custody Disputes

Not Paying Child Support Will Not Impact Rights Of Visitation In Texas

Contact A Texas Family Attorney Today For Your Child Custody Case

Recognized as one of the Best Family Law Firms in Sugar Land, Texas

Virtual Meetings Available

Get Legal Help Today

“*“indicates Required Fields

Our Address

get the legal help you need!

Our Fax Number