Factors Determining Who Gets the Child Custody

Going through a divorce can be stressful for both the partners. Deciding who gets child custody can be complicated, and therefore, courts use “Best interest of the child” standard for deciding child custody cases. Most child support lawyers in Dallas, Texas say that when they indulge in private negotiations outside of court, the custody is given to the mother in more than 50 percent of the cases. If These are a few factors that judges consider before deciding on child custody.

Age of the Child

The age of the child is an important factor when deciding custody. Mothers are considered primary caregivers at a tender age. The judges usually believe that younger children or nursing babies should live with their mothers. If the child is in his or her adolescence or teenage, fathers can be given custody as long as other terms and conditions are met.

Parent’s Lifestyle

Parent’s lifestyle is imperative when deciding the custody of the child. If a parent isn’t responsible or does not earn enough to sustain themselves, the custody of the child would not be given to them, however, they may be given visiting rights. Child custody is given to the parent who is responsible, stable and can provide a normal and healthy environment to the child in their youth. For example, a parent with a daytime job might be prefered over a parent with late night shifts.

Sensitivity of the Parent

Parents and their relationship with the child is taken into account while evaluating child custody. The judge will closely study the involvement of each parent in their child’s life. Aspects such as dropping and picking up the child from school, helping the children with their homework, parent’s involvement in encouraging students to participate in extracurricular activities play an important role in deciding child custody.

Child’s Preference

If the child is older than 12, the judge may have a word with them to find out who the child feels more loved and comfortable with. Children have a young and impressionable mind so the judge will have to make sure that the child is free of any influence when talking to the judge.


Child custody is a precarious affair that depends on several factors and legal complications. Whether someone is looking to file a suit or get a solution through an out-of-court settlement, it is advisable to hire a Dallas child custody attorney to fight their case. Not going to the court, and settling the matter out of court helps save time, effort and money.