Factors, the courts will do everything it can to promote a mutual agreement between the parents regarding custody and visitation. The parties are encouraged to enter into a written agreement containing provisions for conservatorship and possession of the child and for modification of the agreement, including variations from the standard possession order. The court will review the agreement and if it believes what is set forth is in the best interest of the children, the court will order custody according to the agreement.
If the court finds the agreement is not in the child’s best interest, the court may request the parties to submit a revised agreement or the court may render an order for the conservatorship and possession of the child. If a child is 12 years or older, the court may consider his or her wishes. (Texas Code – Family Code – Chapters: 5-153.004-153.434)
In Texas, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children.
The court would much prefer the parents to decide these isses, but if they can’t, the court will do it for them. Feel free to call me, an experienced San Antonio Child Custody Attorney, or you can also read more about this in the state statutes located at: http://www.capitol.state.tx.us/.