Raising children is a very important job in Texas and parents take this job seriously. When parents are married to each other, they usually assume certain responsibilities for the care of the children. It can be easier to share these responsibilities during marriage because both parents are in the same house. However, if parents go through a divorce, the logistics of parenting their children will change. However, that does not mean that each parent’s responsibilities need to change.
During a divorce, one of the issues that needs to be resolved is custody. There are two types of custody. One parent can have sole custody and be the only parent with the authority to make major decisions for the children. The other option is that the parents have joint custody and continue to share in the decision-making responsibilities for the children. In determining whether the parents should share custody after the divorce, courts need to decide whether it is in the children’s best interests.
Factors used to determine whether joint custody is appropriate
In making this decision, judges will analyze a number of factors, which include, but are not limited to:
- The physical, mental and emotional health of the children
- The parents’ ability to make decisions together that are focused on the children and their best interests
- How the parents shared the parenting responsibilities during the marriage
- The parents’ ability to encourage a positive relationship with the other parent
- The children’s preferences if they are over the age of 12
- How close the parents live to each other
As parents in Texas go through a divorce, they need to make very important decisions. The ones concerning their children may be at the top of the list. It is important that any custody decision is in the best interests of the children, but in many situations, it is best for the parents to continue sharing the parenting responsibilities and decision-making for their children. Experienced attorneys understand how these decisions are made and may be able to offer guidance through the process.