Who Will Get Primary Custody?
by: Texas RioGrande Legal Aid
Who will get custody?
If the parents agree about the custody, the court will usually approve their agreement.
If the parents do not agree about custody, the court will usually give custody to the parent who has taken care of the children the most in the past, if it looks like that parent will continue to be able to take care of them.
The courts almost always try to give as close to equal time as possible with the children to both parents, regardless of which parent the children live with.
The "best interest of the child" is what the court looks at the most when making decisions about child custody and visitation.
If there has been domestic violence between the parents, the court will hold that against the person who was violent.
If a child is at least 12 years old, he or she can say what parent he or she wants to live with. The court doesn't have to let the child decide, but judges take the child's wishes into consideration.
Last Reviewed On: 03/24/03
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