When thinking about a divorce or going through one, parents have unique concerns, including child custody. One such question that often arises is whether Texas has a default child custody arrangement. The answer is no. Our state does not have a default child custody arrangement that applies to every case. Instead, decisions are made based on what is in the best interest of the child.
Default judgements in custody lawsuits
Another common inquiry is what happens if a parent refuses to participate. For example, if a parent does not respond to a custody lawsuit, the court may issue what is called a “default judgment.” This does not mean there is a default custody arrangement. Instead, it means that the court may grant the custody terms requested by the other parent since no response was given. This is why it is so essential to participate in the legal proceedings because default judgments are a legal consequence for not participating in the case.
How courts decide custody
Texas courts focus on several factors when determining child custody, but judges always aim to do what is in the best interests for the child. The court examines which parent is better able to meet the child’s daily needs, both emotionally and physically. A stable home environment is also critical, and the court will assess the living situation of both parents.
Each parent’s level of involvement in the child’s life is important, including participation in education, extracurricular activities and everyday routines, which is why judges look at this too. Courts also look for parents who can work together for the child’s benefit, particularly in communication and decision-making. Finally, if the child is mature enough, their own preferences may be considered by the judge.
How parents can improve their outcomes
For parents going through a custody case, there are things they can do to increase the likelihood of a favorable outcome. First, create a stable home. Make sure your home is a secure and stable place for your child. Second, stay involved. Show that you are actively engaged in your child’s life, from school to hobbies and everyday activities.
Next, be willing to cooperate. Courts appreciate parents who can work together for their child’s well-being, so demonstrate a willingness to communicate and compromise with the other parent. And, follow through. Be responsible and consistent with your parenting duties and any court-ordered obligations.
There is no automatic or default custody arrangement in Texas, but understanding how courts make these decisions can help you navigate the process. Focus on what is best for your child and demonstrate your commitment to their well-being to improve your chances of a positive outcome.
