Child custody is always one of the hottest issues in a contested divorce. If you are trying to gain custody of your child or challenge custody that currently belongs to the other parent – or if you just want to know more about how things work, especially in the Texas family courts – a child custody lawyer explains some of what the courts will consider in these cases.
A Texas Child Custody Lawyer Explains: How Custody Is Determined
In most cases, there is no one thing that determines custody. Instead, the courts look at the circumstances of both parents, both emotionally and financially; the wishes of the child; and the history of the child-parent relationships as they decide. In all cases, the standard for making the decision is “the best interest of the child.”
The court can choose to award sole physical custody to one parent or to order joint custody between both. In some rare cases, the court will award physical custody to grandparents, aunts or uncles, or others if the parents are deemed unfit. One or both parents can be denied physical custody (meaning their child does not live with them) while retaining visiting rights and/or the right to make decisions on major issues for their child. Physical custody and legal custody (decision-making power) are considered separately.
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Who Can Provide for the Child’s Needs?
Children have physical and emotional needs, so a major factor for the court will be which parent is best able to provide the opportunities that a child needs for their social and educational development as well as provide a safe and nurturing environment. In addition, the home provided must be a safe and loving place where the child can have support and comfort as they develop.
What Does the Child Want?
If the child is old enough, usually eight years old or older, the court will ask about their wishes and will take these into consideration. This is never the sole consideration, but the court will want to know if the child wants to live with one parent more than the other, if they have strong feelings about living with siblings, and why they have these feelings.
Who Knows Their Child Well?
Here, the court is looking at whether the parent understands what it takes to raise a child and is making steps towards providing what their child needs. The court will be looking at whether a parent knows the basics of what’s going on in their child’s life, such as who their teachers are or their best friends.
Where Will the Child Be Safest?
If there is any question of physical or emotional danger to a child with either or both of the parents, this will be a major factor in the court’s decision. The court will look at any history of abuse, domestic violence, emotional trauma, etc. Find out more here about how a lawyer can help with this and other situations.
These are just a few of the factors that the court will consider, though they are some of the most important. If you’re in a custody battle, talk with your lawyer about how to present the best possible case to the court.