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What factors are considered by the court in granting child custody?

In Texas, child custody decisions are generally based on the “best interest” of the child. When deciding which parent should have primary physical custody of the child, Texas courts consider several factors, including:

  •     the history of the parent-child relationship that exists with each parent;
  •     the child’s health, safety and welfare;
  •     the parents’ mental and physical health,
  •     if the child is aged 12 or older, the child’s preference as to custody; and
  •     any evidence of child abuse.