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When in a child custody battle, all you want is to make sure you can care for your child in the biggest way possible. But, Texas courts base their decision on your child's best interests — not what you or your spouse want for your child. It is still important to hire a child custody lawyer and set yourself up for success when facing a child custody matter despite the court's value.
Hire the Right Attorney for Your Case
The first way to really set your child custody case up for success is to find an aggressive child custody lawyer who will fight for your parental rights. When looking for an attorney, take multiple initial consultations until you meet the legal team with the right feel for you. Make sure to ask questions about their approach and how they will protect your parental rights in your child custody case.
Click here to contact us for an initial consultation and learn more about The Stuart Firm.
Understanding The Child's Best Interests
With the court's number one priority being the child's best interests in making their child custody decision, it is important to understand how the court comes to determine the child's best interests and how this should affect your case.
Factors to Consider
The court considers a variety of factors when determining the best interests of the child, including:
- The needs (both physical and emotional) of the child,
- If each parent is fit to parent,
- The plans (both short term and long term) of each parent,
- The home environment each parent will provide,
- The educational opportunities near each parent's home,
- Any past incidents that may have endangered the child,
- If one parent has a protective order against them,
- If either parent has a substance abuse problem,
- Each parent's physical health,
- The financial situation of each parent, and
- The child's relationship with each parent.
While these are not all of the courts' factors, these are some of the most common.
The Child's Preference
While your child cannot explicitly choose which parent they want to live with, they can tell the court while their custody hearings are underway. The court does not make their decision based on this preference but can take it into account, especially if your child is older.
There is no set age on which the court will consider the child's preference in a custody hearing, but the courts are more likely to consider the child's preference if the child is mature enough to understand the implications of their child custody case.
Building Your Case
After meeting with your lawyer and understanding how the courts grant custody, you will start building your child custody case. You'll begin by creating goals for your case and then developing strategies to achieve those goals. The child custody lawyer at The Stuart Firm will discuss with you aggressive plans to retain your child custody rights.
When building your case, tell your lawyer anything that could hinder your case in court. This includes anything that could be used to discredit you or any concerns the court may have about you retaining custody.
Concerns For Your Case
When setting up your child custody case, consider these factors and if there is something that may concern the court, tell your lawyer. Together, you can plan how you will address that concern in your custody case.
Common concerns you should always address with your attorney when seeking child custody include:
- Any arrests for crimes,
- Substance abuse issues,
- Any protective orders against them, and
- Any abuse allegations.
If you have ever done or been accused of doing any of these actions, tell your attorney.
Child Custody Lawyer at The Stuart Firm
If you are anticipating a child custody battle, call our child custody lawyer at The Stuart Firm to hear how we can protect your parental rights.
If you have child custody questions, please do not hesitate to call us at (432) 284-4411 to speak with our child custody lawyer. We offer free consultations, and we're looking forward to hearing from you. We offer aggressive and passionate representation, and we're ready to help you today.