Child Custody Cases
The Court always considers what is in the best interests of the child. So, our task is to learn your goals for the child, and work to convince the court that your reasonable goals are in the child’s best interest. Texas appoints conservators of a child or children, rather than awarding custody. For all practical purposes, the terms are synonymous, so please don’t let that unusual terminology trip you up!
As in determining the child’s best interest, the Supreme Court of Texas has provided a “non-exhaustive” list of “factors” for the courts to consider. These factors include:
- 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 that may indicate that the existing parent-child relationship is not a proper one
- any excuse for the acts or omissions of the parent
The Court will also seek to determine whether parents can encourage a positive relationship with the other parent and whether both parents were equally involved in parenting the child prior to the custody suit. The Court considers the physical location of both parents and their proximity. It will also allow a child over the age of twelve to state with which parent he or she wants to live. But, the Court will make the final determination after considering all of the evidence and arguments.
Because child conservator cases can be fraught with emotion, it’s important to feel that you have the right attorney. Please schedule a free 30 minute conversation with us today to learn our approaches to child custody and how we may be of service to you.