For many years Texas did not have definitive guidelines to determine custody for children three years old or younger. The courts ruled on cases based on their discretion and whatever they determined to be appropriate according to the existing statute. Determining custody (possession) for children three years and younger remained a murky area of law.
Meanwhile guidelines for the best interest of children older than three years were clear and had been established for some time.
However in 2011, the Texas legislature solved the problem by establishing new detailed custody guidelines for young children. The guidelines that brought clarification now are contained in the Texas Family Code, Section 153.254. When determining the best interest of a young child three years or younger the courts must consider:
If you are seeking custody of your child three years or younger, your lawyer now has some legal points to argue in your favor. The statute makes adjudications in custody cases for younger children less arbitrary and more within the control of your Texas child custody attorney.