What evidence does the court need to determine which parent should be the primary parent?
Texas law presumes that awarding the parents joint custody of the child is in the best interest of the child. On the issue of evidenc to prove whichparent should have the right to determine the primary domicile of the child, which is known informally as “primary custody”, this depends on a number of factors. The court will inquire into who has been the primary caretaker of the child, what are the living arrangements, who has been putting the child to bed, taking him to the doctor, making dinner, involving the child with appropriate people, bad decisions made by either or both parents, the existence of a pattern of family violence (if any), the work schedules of the parents, earning capacity of the parents and so on. The court may also involve other professionals in the custody evaluation. These professionals are most frequently psychologists, counselors, social workers, pshychiatrists or lawyers. Generally speaking, the court would order a social study into the specific circumstances o
