Texas has its own individual perspectives on how child custody should be determined and will give varying weight to different factors based on the judge’s interpretation of the best interests of the child’s standards.
Child custody and divorce matters are governed by the Texas Family Code and although custody will begin in Texas with the filing of a petition, there are developing factors associated with parenting abilities that will eventually determine who is eligible to get custody of a child during a divorce.
Questions you’ll want to ask your lawyer about child custody include:
- What makes joint custody different from sole custody?
- How will my past parenting be taken into consideration?
- How can I present myself in court and benefit from the statements of character witnesses?
- How do the courts look at each situation to decide the right child custody situation?
- How should I handle it if the other parent is not following the guidelines right now or is openly violating the temporary child custody and visitation orders?
Petition For Divorce And Child Custody
If you and your partner have children and are currently contemplating filing for a divorce, your child custody proceeding will likely be connected with the termination of the marriage.
The title of your document will read the petition for divorce but there should also be a section that names the children who could be involved in the divorce and your individual desire for custody of those children.
If you have already been served with a suit for divorce and the other spouse is wanting custody of the children, you need to retain your own family attorney and counter-petition to request custody immediately.
Standards For Determination Of Custody
Many courts will want to support parents making their own agreements about child custody issues outside of court but this is not often possible.
If you have attempted but have been unable to come to an agreement with your spouse over custody, you will need to have a final hearing on the child custody issue in which the judge will evaluate specifics in your case.
The courts use a general standard known as best interests of the child and this can include numerous factors, all of which you should be aware of before initiating a petition for child custody. These factors can include:
- Parenting abilities.
- Financial resources.
- Financial support.
- The children’s current status in school and extracurricular activities.
The better-financed and structured your situation, the better.
The court supports you have the ability to raise your children as well as the ability to support your child
Demonstrating Involvement
One of the easiest ways to demonstrate your current involvement in your child’s life is to use character witnesses and to complete a parenting class.
You can illustrate in the court the kinds of activities that will make you available to remain involved with your child. This can include:
- Researching schools in your area.
- Researching extracurricular activities in your area.
- Show other means of how you intend to develop a child’s physical and mental abilities.
Family support can easily tip the scales for two parents who are both qualified in seeking child custody.
This can include outside family members, such as uncles, grandparents, and cousins. This is a great way to illustrate to the court that your child will be raised by a loving family.
Preparing For Child Custody Negotiations
You might be able to come to terms of agreement with the other parent using a mediator who is a neutral third party designed to guide you and your former spouse together in coming up with a more flexible solution.
When handing over the determination of child custody to the courts, this means that a judge who does not know your family is responsible for making a decision about the custody of your children.
Child custody includes legal custody as well as physical custody. Legal custody includes the ability to make decisions about the child’s educational and medical needs, whereas physical custody refers to the parent with which the child spends the majority of his or her time.
Within each custody arrangement, there can be a broad variety of different types of custody awarded and visitation rights.
At The Díaz Firm, PLLC, we are ready to assist you in your Family Law case. This time in your life can be crucial. The next steps you take may mean the difference between becoming the Managing Conservator or Possessory Conservator of your children . Contact our team online or at (512) 655-3513 today to schedule an initial consultation. We’re happy to meet with you in person at our Austin office or have a consultation by phone.
