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When parents in Texas decide to part ways, this process can be complicated due to custody. Child custody can be determined between the divorcing spouses; however, if an agreement is not reached, the court will have to step in to help the parents determine what agreement is best for the child in that particular situation.

How is child custody established in Texas? Unlike other states, custody is referred to conservatorship in Texas. When the court considers a custody arrangement in the state, they will consider the wishes of the child or children; however, this is often dependent on the age of the children involved.

There are a number of important factors the court will consider when devising conservatorship in a matter. To begin, they will consider whether or not joint conservatorship would benefit the child’s physical, psychological and emotional well-being. Next, they will consider if each parent will be able to encourage and promote a relationship with the child and the other parent.

Other important factors include whether parents can effectively communicate to make decisions for the child, the amount of time each parent contributed to the upbringing of the child prior to the custody matter, how close and far each parent’s home is in relation to the other and other important factors and circumstances the court may find relevant.

Working through a custody battle can be difficult. Whether it is high conflict or just something that needs to be worked through, parents should fully understand their situation, how the laws in the state apply and what steps could be taken to protect their rights.