Protecting your role in the lives of your children may be the most important consideration in your upcoming divorce. In order to secure the most favorable custody determination, you need to consider exactly how the courts make decisions in contentious custody scenarios.

Far too many divorcing parents focus more on their desires and their rights than on what the children need, which can actually impact how the courts view their parenting. The courts will want to focus on the best interests of the children in all custody matters, so that knowledge should guide your approach toward custody.

What kind of custody is best for children?

The exact custody arrangements that will work well for your children will vary dramatically based on your family’s circumstances. However, there are certain standards that the courts readily acknowledge. For example, in most family situations, children benefit from having both of their parents involved after a divorce.

In scenarios where one parent receives full custody, the other may not have an adequate opportunity to bond with the children. Modern Texas family courts tend to prefer shared custody scenarios, with both parents playing a significant role in the lives of the children. Typically, the only times the courts consider other custody arrangements will be situations where one parent having custody rights could prove dangerous or damaging for the children.

If one parent has a history of abusive behavior, addiction, neglect or other serious issues that could impact their parenting, the courts may consider ordering full custody for the other parent. In most families, however, shared custody and strong parental involvement is the preferred outcome.