Divorces can be incredibly emotionally taxing and sensitive, especially for couples who have children. During the divorce process, the “best interests of the child” is the standard used to determine custody, and it is more important than the wishes of the parents.
Everyone wants a smooth transition for their child when their day-to-day life is changing completely. No one wants to deal with unnecessary litigation or shed frustrated tears, and an experienced child custody attorney could help you make the legal process as painless as possible for everyone. The best thing to do is hire an empathetic and dedicated child custody attorney to assist you when a judge is determining the best interests of a child in Frisco.
Child custody is a legal term that refers to who has guardianship over the child. When a parent has custody of a child, they can make legal and physical decisions about the child. Custody can be joint, where both parents can participate in decision-making, or sole, where one parent can. Courts abide by a rebuttable presumption it is better for children if both parents are joint managing conservators, which means both parents are allowed to participate in determining how to raise the child. A skilled legal professional in Frisco could further help you understand the details of child custody.
When a judge determines what child custody looks like, they consider the best interests of the child on a case-by-case basis, meaning the court has a lot of room to determine what is best for the child. When coming to a decision, the court will observe the conduct and attitude of the child and parents and assess the character of the parents through the information presented. A court’s decision will typically not be overturned unless either party can show that the evidence clearly shows that the decision was inappropriate.
No single factor is more influential than another when a judge in Frisco is determining custody based on the best interests of the child. Many relevant details can be taken into consideration. The Texas Supreme Court case Holley v. Adams lists nine specific factors:
Judges have discretion to look at other factors when determining what is in a child’s best interest, and since final orders are difficult to change, it is best to help the judge have a clear understanding of the situation by providing all other relevant facts. It is wise to be represented by a lawyer when a Frisco judge is analyzing the intricacies of your life to decide custody of your child.
You deserve to have a lawyer who handles tough issues in a sensitive way and will assist you in creating the best future possible for your child. There is no need to drag out an already emotional process with unnecessary litigation. The divorce process does not have to be painful or traumatic for your children. Contact an attorney who could help when a judge is determining the best interest of a child in Frisco during your divorce process.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
