Child Custody Laws in Texas Consider the Best Interests of a Child – When making a visitation or child custody order, the courts in Texas consider the best interests of a child. This means that the presiding judge will do their best to make an order that serves the child’s mental, emotional, and physical needs in the best way.
Depending on the case bought forward to the court, the court can grant the custody of the child to one or both parents (joint conservator). Once the conservator is decided by the court, they hold the right to decide the child’s education, medical, and legal needs as well as their extracurricular activities.
If the parents happen to be in joint custody, the decisions mentioned above will be made by both the parents together. In Flower Mound, Texas, the court aims to ensure the involvement of both parents in the upbringing of the child. This encourages the parents to work together in providing the child with a stable home environment.
How Does A Court Determine the Best Interests of a Child
When faced with the child custody case, the courts in Texas will take their time to consider the situation of the child involved. Since children are collateral damage of all divorce settlements, their mental and emotional state is the primary concern of the presiding judge. The court will consider the ability of both the parents to raise the child, the stability of the home, as well as each parent’s future plan to raise the child.
The court also considers whether one or both parents have caused any harm or abused their child. Any evidence that suggests an improper relationship of the parent with the child will be used in court against them. If the child is 12 or above, the court will consider which parent the child would prefer living with.
It is recommended by the court that the parents create visitation or custody plans prior to the custody hearing. The plan created must detail the parent that will be looking after the child, during weekdays, weekends, school breaks, and holidays. Meanwhile, the noncustodial parent, must have enough visits with the child to ensure the health of the child’s mental and emotional state.
Once a visitation and custody order is passed, it usually can’t be modified, unless and until both the parents decide to alter it, or when there is a substantial change in the custodian’s circumstance to affect the child.
For more information or help with a child custody case, contact the Nelson Law Group at (972) 808.7227.
