Best Interest of the Child Standard in Texas Custody Cases

 Posted on March 04, 2022 in Family Law

If you are going through any type of child custody action, you have likely heard the phrase, “the best interest of the child.” This is the legal doctrine that family court judges decide how child custody should be determined. The child’s happiness, well-being, and safety are the factors that help determine how much parenting time and decision-making each parent will have. The following is an overview of what the judge will look at when deciding on child custody.

Definition of Best Interests

Some of the most common factors the judge will examine when considering how custody will be divided include:

• Each parent’s role in the child’s life and each parent’s caretaking duties are and were when the couple was together

• Each parent’s relationship with the child and how much time is needed to keep maintaining that relationship

• Each parent’s commitment to foster and encourage the child’s relationship with the other parent

• Each parent’s behavior, how they have conducted themselves, and whether they have exposed the child to unsafe or unhealthy situations

• Each parent’s ability to communicate and cooperate with each other

• The distance between the parents’ homes

• The child’s emotional and physical needs

• The child’s wishes if the child is mature enough. Although this may not be the determining factor, if the child is old enough, the judge may take that into consideration

Working Together to Come Up with a Parenting Plan

Ideally, both parents, with the help of their attorneys, will be able to work together to come up with an agreement on how parenting time should be divided and what each parent’s responsibility will be when it comes to parenting decisions. After all, parents understand their child more than anyone else, understand what the child’s needs are and what will help the child be happy and thrive. Although it can be hard to put negative feelings you may have about your ex-spouse aside, doing so can make the custody process a healthier one.

If parents cannot work together to come up with a parenting plan, then the court will need to intervene and decide how custody and visitation should be decided. However, keep in mind that even if the parents come up with a plan, it still needs to be approved by the family court judge overseeing the custody case.

For example, the judge will look for any signs that one parent is being intimidated by the other parent into agreeing to a plan that is less than fair. The judge will also look to make sure there is no evidence of abuse or any other danger to the child.

Many times, in child custody cases, the court will appoint a guardian ad litem to represent the child’s interests. The guardian ad litem will conduct interviews with the parents, relatives, family friends, teachers, and anyone else who may have something to contribute. The guardian ad litem will create a report of their evaluations and present it to the court to help the judge determine what is in the best interest of the child.  

Contact a Travis County Child Custody Attorney

An Austin child custody lawyer from our firm will work aggressively to help you get the child custody outcome you and your children deserve. Your lawyer will work diligently to ensure your parental rights are protected. Call Powers and Kerr, PLLC at 512-610-6199 to schedule a free consultation and find out how we can help.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm