May 14, 2020
In a Texas child custody matter, the most significant question in the case is what is in the best interests of the child. Whenever an issue involving a minor child is presented in family court, the judge will always look at it through the lens of their best interest. Understanding what factors go into the weighing of a child’s best interests can significantly improve your chances in a child custody case. At Rick Davis & Associates, our team of legal professionals has zealously advocated for parents around Bryan in their custody matters. Call or contact the office today to schedule a consultation for your case.
What are the Best Interests?
The judge in a child custody case has wide latitude to determine what is in the best interests oft he child. Texas case law established a list of factors that a judge should consider when weighing what is in the child’s best interests, including but not limited to the following:
● The desires of the child● The emotional and physical needs of the child now and in the future● The emotional and physical danger to the child now and in the future● The parental abilities of the individuals seeking custody● The programs available to assist these individuals to promote the best interest of the child● The plans for the child by these individuals or by the agency seeking custody● The stability of the home or proposed placement● The acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one● Any excuse for the acts or omissions of the parent
In addition, the court may ask age-specific questions for the child in order to determine their best interests in a custody case. For example, if the child is an infant, the court may ask how a parent can respond to the child’s needs for eating, sleeping, and bathing or about the parent’s awareness of things that could endanger the infant. For an elementary school age child, the court may weigh how involved each parent is with the child’s school, community, and religious activities or how well each parent handles academic difficulties that may require assessment, intervention, financial resources, or individual help for their child.
How a Lawyer can Help
Hiring an experienced attorney to represent your interests in a child custody case can be the critical difference in getting the outcome you hope for. A lawyer understands what factors thecourt will consider when determining what custody decision is in the best interests of the child. An attorney can help you gather evidence of your involvement in your child’s life and can make the best possible arguments to the court as to why your child should spend as much time as possible with you.
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