Four Things People Often Get Wrong About the Best Interests of the Child Standard in Texas
Texas is a best interest of the child state for custody (Texas Family Code Section 153.002). In Texas, the term custody is referred to as a conservatorship. The specific terms of a conservatorship are determined based on the best interests of the child. While many parents understand that fact, there are a lot of misconceptions about how the law works. Here, our Houston child custody lawyer highlights four things that people often get wrong about the best interests of the child standard in Texas.
#1: Parents Assume a 50/50 Split is Presumed in Texas
Texas law does presume that it is better for children to have an active, positive relationship with both parents. However, the law does not presume a 50/50 split of parenting time. Parents often wrongly assume “best interests” guarantees equal time. Texas law does not impose a fixed percentage. Courts start from a policy favoring frequent and continuing contact with both parents, but the possession schedule must fit the child’s circumstances. Standard Possession Orders provide a baseline, not a mandate. The specific circumstances always matter.
#2: Many Parents Underrate the Importance of Past Parental Behavior
Some parents treat the case as forward-looking only. Texas courts scrutinize past conduct as a predictor of future performance. Evidence of family violence, neglect, substance misuse, or repeated violations of prior orders can restrict possession or impose supervised access. Courts also evaluate each parent’s ability to cooperate and communicate. Persistent gatekeeping, disparagement, or refusal to share information can undermine a parent’s position.
#3: Parents Too Often Overrate the Importance of Financial Means
Parents often frame “best interests” as a comparison of earnings. Financial stability matters, but it does not dominate the inquiry. Courts examine parenting abilities, history of caregiving, the emotional and physical needs of the child, and each parent’s capacity to meet those needs going forward. Stability of the proposed home, willingness to encourage a relationship with the other parent, and any pattern of interference with possession can outweigh income differentials. A higher salary does not compensate for poor judgment, unreliability, or obstruction.
#4: Parents Wrongfully Believe that Older Kids Get the Choice
Minors do not get to decide the child custody terms in Texas. Older children may express a preference about primary residence or possession. Further, Texas allows in-chambers interviews for children of a certain age, and judges may consider those views. With that being said, the preference does not control the outcome. Texas courts must evaluate maturity, consistency, and potential influence by a parent. A stated choice that conflicts with safety, schooling, or continuity will not carry the day. The child’s preference is one factor, though it can be an important one.
Call Our Houston, TX Child Custody Attorney Today
At Lindamood & Robinson, P.C., our Houston child custody lawyer is a compassionate, experienced advocate for parents. We are committed to solving problems for our clients. If you have any questions about child custody, please do not hesitate to contact us for a strictly confidential case evaluation. We handle child custody cases throughout Southeast Texas.
Source:
statutes.capitol.texas.gov/?tab=1&code=FA&chapter=FA.153&artSec=
