Who Gets Child Custody in a Divorce in Texas
Have a family law concern or need representation? Reach out to Raul Sandoval, Jr. and his team, Austin's trusted experts in divorce, prenuptial agreements, child custody, and family law.
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Parents who are going through a divorce often have one big question on their minds: who will get custody of the children?
As per the child custody laws in Texas, courts are required to make child custody decisions in the best interest of the child or children. That usually means keeping both parents involved in their children’s lives, but that does not guarantee equal custody or parenting time.
Ideally, both parents will amicably negotiate a custody and visitation agreement, however, if no agreement can be reached, the decision will be left up to a judge or jury.
There are a number of factors the court will take into consideration when determining custody.
These may include the child’s physical and emotional needs, each parent’s parenting ability, and the child’s wishes (if the child is over 12 years of age).
In situations of joint custody, a judge may order a residency restriction, which dictates where a child or children are allowed to live geographically, and allows both parents to have frequent and continuous access to their children.
At Sandoval Law Firm, we are committed to serving the best interests of children and strongly encourage peaceful, negotiated agreements whenever possible. This prevents children from being caught in the middle of a parental dispute or being asked to choose sides.
Most of the time in divorce proceedings, negotiation is in everyone’s best interests. However, negotiation only works when both sides cooperate and speak to each other in good faith. If your spouse or co-parent refuses to negotiate, we will not hesitate to advocate aggressively for your interests in the courtroom.
At Sandoval Law Firm we understand the stress of dealing with divorce, child custody and domestic violence. Our firm consists of founding attorney Raul Sandoval Jr. and a dedicated support staff. Mr. Sandoval earned his law degree from Texas Tech University School of Law. Since that time, he has been practicing family law in the Austin area, as well as teaching seminars, classes and other forms of professional development.