Custody Determinations for Toddlers

 Posted on January 27, 2017 in Child Custody

In Texas, family courts have specific rules regarding custody decisions when the children involved are under the age of three years old. Keeping track of the numerous court rules and procedures can be difficult, so if you or a loved one are considering a divorce and have a young child, it is critical to contact an experienced complex child custody attorney who can help protect the interests of both you and your child.

Necessary Factors

When determining which parent will have primary physical custody of a child under the age of three years old, courts are required to consider specific factors, including:

• The caregiving provided to the child both before and during the divorce proceedings;
• The effect on the child that could result from separation from either parent;
• The impact and influence of other individuals who will be present during periods of possession;
• The availability of each party as caregivers;
• Whether siblings will be present during periods of possession;
• The willingness of each party to personally care for the child;
• The need for a temporary possession schedule that shifts to a different parenting plan;
• The child’s need for continuity of routine;
• The physical, behavioral, medical, and developmental needs of the child;
• The physical, medical, emotional, economic, and social conditions of the parties;
• The location and proximity of the parties’ residences to each other;
• The child’s need to develop healthy attachments to both parties;
• Whether the parents are able to share in the duties and rights of parenting; and
• Any other evidence that the court deems is in the best interest of the child.

In many cases, courts use these factors to create a Modified Possession Order, which starts off with shorter visits that, over time, become longer. When the court is satisfied that doing so would be in the best interest of the child, it will then institute a permanent Standard Possession Order.

Contact Powers and Kerr, PLLC Today to Speak With an Experienced Complex Child Custody Attorney

To ensure that children of a young age receive the nurturing and care that they require with as little interruption to their routines as possible, Texas family courts implement special rules when making custody decisions about children under the age of three years old. Courts also often institute temporary orders before progressively transitioning to a more equal arrangement. The process can be complex, so if you are considering a divorce, and have a toddler, please contact Powers and Kerr, PLLC. We help you schedule an initial consultation with a dedicated and compassionate Round Rock complex child custody attorney.

Sources:

https://www.texasattorneygeneral.gov/files/cs/qa_ncp.pdf

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm