How Do Home State Rulings Factor into Child Custody in Texas?

 Posted on February 20, 2015 in Child Custody

Ending a marriage is difficult enough without having to sacrifice time with children—but given that nearly 50 percent of marriages end in divorce, custody battles are common in the United States. Moreover, even those who have never experienced divorce can sympathize with parents who face complex child custody battles.

Home State Ruling

One of the most important legal aspects of child custody is home state rulings. Determining a child's home state is one of the first steps in a custody dispute. Custody laws differ from state to state, and a home state ruling will provide the legal framework by which a case will operate. Additionally, home state rulings may become important if one parent wishes to take his or her child out of the state. Generally, both parents must know their child's whereabouts at all times, so if one parent takes his or her child on a vacation, out of the state, the other parent must know.

Custody Basics

According to Texas law, the courts deliver child custody rulings based on the child's best interests. A court will review several factors when making this decision. These factors include:

• The age of the child;
• The child's overall health;
• The child's mental state;
• The financial security of both parents; and
• The criminal records of both parents.

Most people assume that the courts give priority to the mother when awarding custody. However, this is not always the case. Likewise, joint custody is not always the default arrangement. The details of the arrangement will depend entirely on the child's best interests.

Family Law in Austin, Texas

Many divorcing parents benefit from the guidance of a family law lawyer. Child custody and support laws can be confusing, but a family law attorney can assess your case and explain your rights. To speak with an experienced Austin family law lawyer, contact Powers and Kerr, PLLC at 512-610-6199 today.