How Do I Get Custody of My Children in My Texas Divorce?

While you are going through a divorce, you have undoubtedly given some consideration to what will happen to your own future. But have you thought much about the future lives of your children? If you want to ensure you are there for them and that they are raised according to your beliefs and ideals, winning child custody should be one of your priorities.

Securing the child custody rights that you want might be easier said than done. There is no magic formula to guarantee that you will become the primary caregiver. Instead, the court tries to do what is in the child’s best interests, not yours or your ex-spouse’s.

You might understandably be thinking that your child is too young to have an opinion on much, so how could the court know what is in their best interest? To keep things simple, the court generally looks for a few things to take an educated guess regarding what is right for your child.

A Texas divorce court will consider the following when awarding child custody:

  • Stability: Which parent leads a stable life in terms of finances, living arrangements, relationships, etc.? Someone who doesn’t seem to have a solid grip on their own life could lose custody rights. The overall stability of your emotions, mental state, and health are also considered; a parent that requires frequent hospitalization or medication might not be seen as fitting to raise a child alone.
  • Criminal record: A single conviction for a serious crime on your criminal history could prove to be the tipping point that takes away primary custody of your child, especially if that conviction is regarding domestic violence.
  • Relationship: It helps, of course, to have a strong, loving relationship between you and your child. If your ex-spouse has taken strides to make it seem like you don’t have a bond with your child, you may need to take steps to prove that you do. Talk to family members, friends, teachers, and more to see if they are interested in helping you make your case.

As previously stated, there is no definitive way to win child custody, for everything is rightfully judged on a case-by-case basis. The most you can do is prepare for your court date and remain courteous throughout the procedures – no court wants to give custody to someone who is angry and aggressive. You can also bolster your chances by working closely with The Karenko Law Firm PLLC and our Galveston County divorce attorney. We’ve been there for families in situations like yours for more than 25 years. Allow us to provide the same service to you by calling 409.515.7063 today.