How does the Court decide which parent is primary?

The Court standard in determining the primary joint managing conservator is called the best interest of the child standard. This standard is subjective, but it is based upon a variety of factors. One Texas Supreme Court case stated the following as a non-exhaustive list of factors: (1) the desires of the child; (2) the emotional and physical needs of the child now and in the future; (3) the emotional and physical danger to the child now and in the future; (4) the parental abilities of the individuals seeking custody; (5) the programs available to assist these individuals to promote the best interest of the child; (6) the plans for these individuals or by the agency seeking custody; (7) the stability of the home or proposed home; (8) the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and (9) any excuse for the acts or omissions of the parent. Gender and marital status are not factors to be considered. Family violence occurring within two years of the filing of the suit is a factor to be considered and may by itself keep a person from being primary.

The Law Office of Donald E. Teller offers full-service legal counsel and representation in family law matters for clients in the vicinity of Grapevine, Texas (Tarrant County, Dallas County, and Denton County), including communities such as Southlake, Colleyville, Hurst, Euless, Coppell, Flower Mound, Bedford, Keller, Roanoke, Arlington, Dallas, Fort Worth, Irving, and Denton.