Cinco Ranch,
TX Father’s
Rights Lawyer

Understanding What “In The
Child’s Best Interests” Means

When entering divorce proceedings, it is likely that both parents have played a crucial role in the upbringing of their children. However, a family law court must make decisions based on what they believe to be the best interests of the children. This means they will need to make some decisions that may seem unfair, as both parents have put in the effort and time to be in their children’s lives.

This may mean that the parent who gains primary custody, i.e, where the child is going to live, may be the parent who spent the most time with the child, such as attending events and taking them to the doctors and the dentist if the court believes this to be in the best interest of the child.

They may also decide that the parent who works long hours but can provide a more stable home and financial security should become the primary custodian.

The decision is a complex one, and there will be a range of different factors that the Judge may look at and consider before they make any rulings.

In any custody battle, the Judge will examine each parent and their ability to meet certain criteria:

Danger to the Child

The most important factor that has the power to override all of the others, is if it can be proven that one parent poses any kind of danger to their child. This can include things such as a history or current use of drugs and alcohol abuse, as well as a history of violence, abuse or neglect or any criminal history.

Remember though, a criminal history and past drug/alcohol usage “may” not be held against you if you can provide evidence that you have changed and that your past is behind you. If you used drugs when you were 20, and you are now 28 and have been clean for 8 years, historical drug use should not be used against you in any decisions that are made for example.

If you either have a history of drug or alcohol use, a criminal record, or a history of abuse, you need to work closely with your attorney to present a compelling case that you have changed your ways.

If you want the court to know that your spouse poses a danger to your children, you will also have to work closely with an attorney so that you can put together a strong case, with supporting evidence that they do indeed pose a risk.

Previous Involvement in the Child’s Life

Your family law Judge will want to look at each parent and how involved they have been in the child’s life up until this point. This may include things like which parent goes to any weekly sports training and matches and which parent drops them off at school, picks them up, and attends school plays and parents evenings.

Familial Support

Something that is often a strong factor to consider, is the closeness to other family members. If the child lives in a city where many of their father’s relatives live, and they are close to these relatives, and the mother is planning to move out of that city, it may be important for the child to remain close to the family they are close with and spend time with.

This can also include closeness to groups like local church groups or other religions.

Actively Alienating the Other Parent

Many parents have been going through a rough patch for a long time before they decide to divorce, and the court may want to examine their behavior during this time. If one parent has been engaging in parental alienation, which is the purposeful manipulation of their children’s opinion towards the other parent, the courts will frown upon this.

Stability

The stability that each parent can provide is another crucial factor that the Judge will look at. A parent’s ability to maintain a job and pay their bills is important for the financial stability of the child.

If the Judge finds out that one parent has a lot of debt or has been shown to be foolish with money, they may not want the child to live at that parents house.

The Child’s Will

When a child reaches the age of 12 in the state of Texas, their opinion becomes a factor that family law Judges must take into account. If they make it clear they want to spend the majority of their time with one parent, the Judge may take it into account but they are not obligated to agree with the child.

What Our Lawyers Can Do for You

Divorce Proceedings

As a family law firm, we can help you through your divorce process. If you have decided to file first, we can help you get prepared. If you have been served divorce papers out of the blue, we can help you get everything ready to reduce any advantage your spouse may have for filing first.

Once the divorce begins, we will work as your advocates and help you come to arrangements that are in your best interests. We prioritize negotiation, and we will advocate on your behalf to come to agreements on important matters, such as property division and custody.

If this does not work, we can arrange third-party mediation, where you and your spouse will sit in different rooms and come to your arrangements via an intermediary. This is often important for child custody and property division.

Custody Litigation

One issue that is often the cause for the most conflict when it comes to the divorce process is child custody. This is one issue where both parties will be unlikely to back down, and this means it usually requires a hearing and court intervention, and we will be there to litigate on your behalf.

Termination of Parental Rights

The termination of parental rights in Texas is a process by which a parent voluntarily or involuntarily gives up their rights to their child. This process can be initiated by either the parent or the court, depending on the circumstances.

A parent may apply for termination of parental rights for a variety of reasons, including but not limited to abuse, neglect, abandonment, or long-term incarceration. In some cases, a parent may also choose to terminate their own parental rights in the event of a divorce, in order to allow the other parent to have sole legal and physical custody of the child.

Termination of parental rights can also be initiated by the court, typically in cases of severe abuse or neglect. In these cases, the court will consider the best interests of the child, and will make a determination as to whether termination of parental rights is appropriate. In some cases, a parent may also choose to terminate the parental rights of their spouse.

This may be done in order to protect the child from a dangerous or abusive environment, or to ensure that the other parent is not able to interfere with the child’s life. This is an incredibly serious decision, and should not be undertaken lightly.

Defense Against Unfounded Allegations

While it is uncommon, it is not unheard of for a party to accuse the other parent of domestic violence or abuse that did not actually happen during the proceedings in order to gain an advantage in the proceedings.

If you are facing accusations of domestic violence or abuse and your partner is applying for a protection order, you need to get in touch with a skilled attorney immediately. We can work with you to fight these claims and in the process, discredit your spouse in the eyes of the court for their false allegations.