When parents decide to end their relationship, determining how to divide parenting time and responsibilities can be one of the most difficult parts of the transition. Working with a skilled attorney who specializes in child custody cases is a great way to take some of the stress off during this process, and to ensure that both parents are able to remain closely connected with their shared child.
How do courts award child custody in the state of Texas?
The courts in Texas have a great deal of power in how child custody matters are determined. Parents who are preparing for a court case should understand the process and know what to expect in terms of outcomes.
In the state of Texas, courts place the best interests of the child at the center of every child custody matter. This means when a decision has to be made, the impact that decision is likely to have on the child is always a central area of focus.
Texas courts prefer to divide custody between parents, in an effort to ensure that both parents remain involved in the lives of their child. However, there are factors that are taken into consideration when parents don’t agree to divide custody evenly.
The amount of time each parent has spent with the child is one factor the courts pay close attention to. They also look at how close each parent is to the child, and how strong the parent/child bond is.
Issues of health, safety, and wellbeing are also taken into consideration. That said, unless there are serious concerns that make one household clearly less safe than another, this area of focus will not usually play a significant role in determining custody.
Where the parents currently reside is also a consideration. Parents who live close to one another are better able to trade off parenting time than those who live far apart.
Finally, if there is a history of abuse, or if one parent lacks the financial ability to care for the child, these matters are also considered when assigning child custody rights.
How are these custody assessments made?
When creating a child custody plan, courts will look at many types of information and evidence. Parents might be asked to undergo psychological assessments to determine if they are capable of providing the support and guidance that the child needs to thrive.
Children who are 12 years of age or older can sign a special petition if they have a strong opinion of which parent they prefer to live with. It’s important to understand, however, that the courts will not simply adhere to a child’s wishes. Their preferences are taken into consideration alongside all other evidence and information provided to the court.
When is it better to create a custody agreement outside of court?
Parents should carefully consider whether they are best served by asking a court to determine something as personal as where their child will live and how decisions will be made that guide the child’s life. Even in a contentious divorce or breakup, parents can often work together to reach a custody agreement that is acceptable to everyone involved.
No court knows more about your family scenario and your child better than parents. It is not uncommon for parents to go all the way through a court custody determination only to find that they could have worked things out more easily on their own.
If you’re searching for guidance as you prepare for altering the structure of your parenting arrangement, consider working with an attorney skilled in custody cases. If you decide to try and negotiate an agreement outside of court, you’ll have an experienced advisor to help you navigate the process. If you decide to take the matter to court, your attorney can handle all of the paperwork and filing details, allowing you to focus on supporting your child through this process.
The best time to sit down with a child custody attorney is early in the process, before steps have been taken that create tension between parents. You’ll receive all of the details needed to make an informed decision about how to move forward with your child custody case.
