Going through a separation or divorce can be one of the most difficult periods in the lives of many couples, but these circumstances become infinitely more challenging when children are involved and a custody battle ensues. If you hope to either retain or regain custody of your children following a divorce, then it is crucial that you familiarize yourself with the laws in Texas regarding child custody.
If you are unable to agree on the terms of custody with your child’s other parent or you desire full custody, then you should be prepared for a custody battle. The courts in Texas are in favor of joint custody, with the assumption that this will be the most beneficial for the child. While many assume that courts in Texas would favor the mother when it comes to custody, the courts are always supposed to consider what is in the best interest of the child.
In order to determine the best interests of the child, the court will look at a variety of factors, including physical and emotional needs, the stability of the home, cooperation between parents, parenting skills, who serves as the child’s primary caregiver, the fitness of each parent, and the risk of physical or emotional danger to a child, among other considerations.
If custody has been determined previously, then there are three ways in which the custody can be modified: 1) the parents agree; 2) the child is 12 years or older and wishes to change his primary caretaker; or 3) there has been a substantial change in the circumstances of the child or the parent.
The most common way that people seek to change custody is by showing that there has been a significant change in a party’s circumstances, which is a very broad category which can be proved in a number of ways. This change in circumstances can often include things as such financial problems, the abuse of drugs or alcohol by the other parent, or any other major change which has taken place since the initial custody was determined and which may now negatively impact the child.
If you wish to get custody of your kids, you can substantially increase your chances of receiving a larger share of custody by being able to demonstrate to the courts that you are an integral part of your children’s lives. You can do so by being the most responsible parent, the one who exercises regular visitation, who takes the kids to extracurricular activities, and who cares for them on a daily basis. It is helpful if you can keep a journal and/or calendar with everything that you do either for or with your children while leading up to the custody hearing, so you can demonstrate to the court that you are capable and deserving of increased access.
If you are currently going through divorce proceedings or would like to regain custody of your children, then it is important that you hire an experienced Dallas family attorney who specializes in child custody battles, like those at Fears Nachawati.
Our team has helped many families navigate the tricky and emotionally challenging legal waters when it comes to divorce and child custody, and having a compassionate and knowledgeable professional on your side can make all the difference during this trying time.
For your free, no-obligation legal consultation, please call (866) 705-7584, or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.