One of the most critical areas in a divorce process is deciding on who will be awarded custody of the child as well on visitation right. According to veteran child custody lawyer in Houston that while...
One of the most critical areas in a divorce process is deciding on who will be awarded custody of the child as well on visitation right. According to veteran child custody lawyer in Houston that while shared custody is most-wanted to family courts in child custody cases, however, depending on various factors that come into the line of decision making, the arrangement is finalized. In this context, it is better to say that while consideration of those factors, focusing on the ‘best interest’ of the child takes the priority in family law.
In order words, your custody lawyer, as well as the judge, reflect on what should be the best for your child, rather than what you expect, demand or well-situated to you and your would-be ex. Ensuring, encouraging and nurturing the child’s security, happiness, physical and emotional wellbeing is the whole objective of custody law considering children are more vulnerable than anyone in the midst of a divorce case. So, instead of considering you as ‘best’ for parenting the child or fighting with your spouse to hold sole physical or legal custody, it’s practical to make you familiar with the factors typically used in family law while determining on custody right.
Major Factors to Resolve Custody
Ø The relationship of the child with the individual as well as both parents;
Ø The child’s need towards his/her physical, mental, and educational developments;
Ø History of the child’s physical or sexual abuse;
Ø Any incidence of negligence or emotional torture;
Ø The past and present mental health of each parent;
Ø Incidence of domestic violence with custody rights, if any;
Ø Each parent's enthusiasm to work together to decide on custody arrangement;
Ø History of drug addiction by either parent
Additional Factors May Be Taken into Considered
Depending on situations and custody law of the State, in many cases, custody lawyer in Houston and the court may evaluate expert advice, version of witnesses and even an opinion of the child in the process of the custody determination. To exemplify some of these factors include.
The means for patenting: Often, courts require complete information about the standard of living, safety, and security concern of the living place as well as the ability of each parent desirable to meet the child’s basic requirements.
A version of witness or therapists: To make sure the quality of bonding among the child with each parent, behavior, or lifestyle of parents which is vital for healthy guardianship, the court may look for an opinion from witnesses (neighbors, relations, or therapists) with meaningful evidence.
Child’s Preference: in general, child’s opinion is considered judging his/her age, provided if there is a provision in the law in the particular State. In family law, it’s considered as the child's ‘Reasonable Preferences.’
A consequence of proposed changes: The outcome of the proposed changes of custody arrangement is a major factor that a custody lawyer in Houston considers at the time of evaluating your custody right.
Filing a Motion for Custody Change
Depending on future changes, you can jointly or solely contact child custody lawyer in Houston enabling you to file a motion for modification of custody arrangement or visitation schedule. Mind well that custody arrangement is amendable if the court considers your appeal is justified after considering the changes of the setting or your evidence. Due to any ground, if you’re considered being unfit to hold custody and offered visitation right only, by following the resourceful guidance of your custody lawyer, you can regain guardianship right on your loving child.
Parchman Law Group PLLC provides legal assistance in a variety of fields such as child support, parental rights, child adoption, child protection, child custody, divorce, property asset & division in Houston and The Woodlands, Texas. For more details, visit https://www.parchmanlaw.com/blog.