Three Things the Courts Consider in Child Custody Cases

 Posted on November 26, 2025 in Child Custody

Most disagreements about child custody are handled outside of court, but sometimes they still take a judge to resolve. To do this, the judge must determine what is in the child’s best interests, which is more complex than it sounds. 

Rather than using any single factor, a judge will weigh multiple things before deciding on conservatorship and visitation. During this process, a Frisco, TX child custody lawyer can advise you on how to respond to the legal proceedings and build a case for your parental rights.

At Moore Family Law, P.C., we provide all clients with one-on-one counsel for various family law issues. Attorney Philip W. Moore has over two decades of legal experience, allowing him to offer clarity and deep insights into his clients’ concerns.

Three Factors That Influence Conservatorship in Texas

Although shared conservatorship is presumed to be in the child’s best interests in Texas (Texas Family Code Sec. 153.131), the court will review all of a family’s circumstances to decide how to divide up custody rights. During your case, it is important that you understand how these circumstances work together and affect how the court sees your case.

Involvement in the Child’s Life

During a child custody dispute, your role in your child’s life is a very important factor in determining possession and visitation. The judge will review who has spent more time taking care of your child between you and your co-parent, and whether it has impacted your relationship with your child.

For instance, if you have been actively involved in your child’s upbringing, such as managing daily care, schooling, and medical issues, it will reflect well on you in court. Conversely, if you have been disengaged in your child’s life or have stepped away from your family, the other parent may be shown preference in physical and legal custody.

Cooperation With the Other Parent

Courts do not expect separated or divorced parents to agree on everything. However, there is an expectation that the parents should work together for the sake of their child. If you and your co-parent can effectively coordinate your child’s upbringing, the court may be more likely to consider an order of joint conservatorship (shared custody).

Part of cooperating with your co-parent means encouraging your child’s relationship with the other parent. Generally, this means not interfering with visitation or possession, or trying to alienate the child from your co-parent.

Allegations of Abuse and Neglect

When one parent is alleged to have endangered the child’s well-being through abuse or neglect, the courts will take serious measures to investigate and make sure the custody order does not put the child at risk. If the court finds that the allegations against the parent are credible, it could result in an order of sole conservatorship with limited visitation rights.

Contact a North Texas Conservatorship Lawyer

The factors listed above are only a few considerations in a contested child custody case. At Moore Family Law, P.C., we can argue for a custody arrangement that benefits you. To schedule an initial consultation today, call our Frisco, TX child custody attorney at 214-764-8033.