All divorce cases come with a certain degree of emotions and anxiety attached to them, which rise exponentially when children are part of the equation. Determining custody and visitation rights in regards to a minor is often the most contentious part of a divorce.
Both the mother and father have rights, but the most important thing to remember is that children have rights, too. As any Texas attorney will tell you, the courts are guided by whatever the best interests of the child are. Despite reasoned and logical arguments from fathers and their attorneys, or mothers and their lawyers, ultimately the court will make their decision based on what is best for the children of divorcing couples. An arrangement that best meets their emotional, mental and physical needs above all else.
Courts may look at several things before deciding on child custody issues.
One of the key issues is the current and the past relationship between the child and each of their parents. Was the relationship loving, warm and supportive? Or were there frequent and maybe even violent clashes that affected the child. In Texas, when a child reaches 12 years or older, in addition to custody arguments by each parent, the court will also take into consideration which parent the child wants to live with.
The courts will also take a long and hard look at how well a parent may individually be able to care for their child. Is there adequate income and a support system in place that can assist with child care duties if a parent is at work? Is the home free and safe from drugs, alcohol and other negative influences? A major component in custody battles is how well a parent is able to care for their child’s immediate financial and emotion needs, and what their prospects are in the future.
In many cases, a court will encourage parents to work out a custody and visitation schedule, but ultimately, the court will look at what is best for the child’s welfare and use that as a basis for their decision, taking into account factors that provide the best and safest environment for the child.
The Bryant Law Firm proudly serves Harris County and the surrounding communities of Galveston, Fort Bend, Brazoria, and Montgomery Counties.
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