How does a judge decide who gets custody of the children?
Judges make custody determinations based on the children’s “best interests.” In most cases, judges impose a standard possession schedule which is contained in the Texas Family Code (click here to view a standard possession schedule). The standard possession schedule affords both parents with frequent contact with the children, by alternating weekends, splitting holidays, and dividing up the children’s summer break. In some cases, the children are too young to spend large amounts of time away from the primary caregiver, or one of the parents has been shown to make poor parenting decisions. If this is the case, the judge can limit possession, impose a graduated schedule, or require visits to be supervised by the other parent or a third party. It is very rare for the judge to deny a party access to his or her children. When this happens, it’s usually because the parent’s actions have placed the children in serious danger.
