As difficult as it may get for the couples to undergo a divorce, it is always harder on the children. And at some degree or the other, the characters, courses and processes throughout and following the divorce, can be fairly emotionally scarring for the child. Which is why, both the parents and their respective attorneys must ensure the child’s best interest at all cost.
Child custody cases are rarely pretty. Whenever two parents resort to the courtroom to resolve custody issues,
In Fort Worth, like many other cities and states, once a divorce has been completed, the child custody order controls custody and visitation rights of the parents. Although the parents must comply with the order, the law understands that significant changes in life may lead to a need to change the terms of the order. Additionally, the law allows the order to be modified if the terms no longer suit the child’s best interests. Since this issue commonly arises among divorced parents, it is helpful to know a little about when child custody orders may be modified.
Factors that influence your child custody case:
Child custody cases are difficult to predict, especially when both parties have good arguments. In the end, the court bases its decision on factors that are considered to be in the “child’s best interest.” If you or a loved one is currently facing a child custody dispute, it is important that you familiarize yourself with what the ‘best interests’ are.
Here are five major factors that can influence your child custody case:
1. The Child’s preference: Child custody decisions are affected in part by a child’s parental preference. There is no specific law on how the preferences of a child might affect the Fort Worth court’s decision. Depending on the state, judges may sometimes interview kids to get a feel of their opinion. Such sessions are considered confidential. To make the child feel more at home, a judge’s tone may be a lot less formal. Alternatively, the judge may appoint a custody evaluator to speak with the child. The views of a child may have more weight if they a sufficient age (14 years or older). That being said, the decision of who wins custody is also dependent upon other factors.
Additionally, if the parent has a criminal record, is involved with drugs, or has a bad rap sheet, this too can affect where the child ends up staying. A judge is ultimately looking for the best situation for the child to grow up in.
Other Influencing factors:
1. The child’s age
2. The parent’s willingness towards child support if custody is lost
3. The ability of each parent to ensure a secure, loving environment
4. The impact on child’s education if the custody is granted
5. The number of children involved in the custody case
6. The distance between the homes of both parents
Types of Child Custody Laws:
There are two overall types of child custody. The first is known as physical custody. This simply refers to whom the child lives with.
The other type of custody is legal custody. This refers to who has the authority to make decisions about such things as medical, educational, and religious matters. In custody disputes between parents, this is usually the type of custody that is being referred to.
There are two major sub-categories of legal custody. The first is sole custody. This is when a court awards only one parent with complete custody of a child.
The other type of legal custody is Joint Custody. This is when both parents are awarded some physical and legal custody rights.
It is hard to predict how a child custody dispute will be resolved. However, in many instances, the Fort Worth Child Custody court opts to award the custody to both parents under a joint arrangement.
In such instances, it will be left for the divorcing parents to work out an acceptable parenting schedule based on their obligations at work and housing arrangements. One of the major reasons why courts prefer this option is that it gives the child the opportunity to grow in a healthy environment.
That said, there are situations where in order to protect a child’s best interest, a parent is given sole custody. This is more likely to occur if a parent poses a threat to the child, such as being violent or having a substance abuse problem.
In such instances, it will be left for the divorcing parents to work out an acceptable parenting schedule based on their obligations at work and housing arrangements. One of the major reasons why courts prefer this option is that it gives the child the opportunity to grow in a healthy environment.
That said, there are situations where in order to protect a child’s best interest, a parent is given sole custody. This is more likely to occur if a parent poses a threat to the child, such as being violent or having a substance abuse problem.
Get in touch with a team of highly experienced attorneys to enquire more about child custody laws, and make sure that your child has a secure enviroment to grow up in:
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