Factors That the Court Will Consider When Determining the Best Interests of the Child

Factors That the Court Will Consider When Determining the Best Interests of the Child

By Frank Vendt |

Child custody (referred to as “conservatorship” in Texas) is often the most adversarial and contested matter that must be decided in a divorce. Parents are often extremely protective about their relationships with their children and are often willing to litigate the matter rather than compromise with their spouse.

When parents are unable to come to an agreement about a conservatorship plan, a court must decide how they will share parenting time for them. Under Texas state law, are required to make conservatorship plan that is in the best interests of the child. In determining the best interests of the child, a court will consider a variety of factors, including the following:

  • Each parents’ ability to provide a stable and positive environment for the child
  • The child’s desires
  • The Emotional and physical needs of the child now and in the future
  • The stability of the proposed placement or home
  • The plans for the child by each parent
  • The parenting abilities of each parent
  • The emotional and physical danger to the child now and in the future

Importantly, the law states that courts cannot discriminate against either parent based on sex or marital status. In addition, courts may not award joint conservatorship if there is credible evidence of physical or sexual abuses.

Do You Need an Attorney if You are Involved in a Custody Dispute?

Because courts have significant discretion in establishing a conservatorship plan, it is essential that you retain an attorney if you are your child’s other parent are unable to agree on how to share custody. Your lawyer will collect evidence in support of your position and present it to the court in a way to which the judge will be receptive. In addition, it is possible that retaining an attorney will help you come to an out-of-court agreement regarding conservatorship that will spare you the uncertainty and cost associated with litigation.

Call a Katy, Texas Divorce Attorney Today to Schedule a Consultation

If you are going through a divorce involving contested child custody, you should speak to a lawyer as soon as possible. To schedule a consultation with a Texas divorce lawyer, call The Vendt Law Firm, P.L.L.C. today at (832) 276-9474 or contact us online.