Best Interest of the Child Standard

Best Interest of the Child Standard

If you have minor children, divorce can mean very major and often difficult changes for them. The children have to make as much of an adjustment, if not more of an adjustment, to the new status quo than you do and may need some help doing so. It is therefore important to consider issues of child custody carefully and with the children’s needs in mind.

Divorces or separations can be relatively amicable, or in some cases extremely contentious. If possible, you should try to negotiate with your spouse and come to an agreement on child custody issues. With some give and take, you are more likely to come up with a solution that disrupts the children’s lives the least, and also works with both parents’ schedules.

Letting the Courts Decide

In the event that communication has broken down and no negotiation or agreements are possible, then you should prepare for a custody fight in court. Even if you think you might lose the case, it is never a good idea to kidnap your children or keep them away from their other parent to try and gain an advantage. This course of action will earn you criminal charges, and likely diminish your chances at even shared or joint custody. Courts take into consideration various factors in making custody decisions, but the paramount consideration is the best interest of the child.

When preparing for court, you might want to start documenting your child’s daily activities. Keeping a journal, videos or photographs may be a way to establish the stability of your home, and how adjusted the child is to their routine there. More importantly, it can be a way to show your interactions with your children, and what kind of relationship you have.

This kind of documentation can also be useful if you are in a temporary custody arrangement with your spouse, and believe the other parent is abusing the children. If this is the case, you should contact the police immediately, but also take photos, and keep a log of the incidents that you report to the police. You can ask your attorney to make an emergency motion to the court to grant you temporary sole physical custody of your children if you believe they are being abused, or if you think your spouse might try to kidnap the children.

Contact a Child Custody Attorney

Going through a custody fight or even coming to an amicable solution with the other parent requires a great deal of patience and skill. The experience of an expert law firm, like a child custody lawyer in Austin, TX, brings to the table in child custody issues is invaluable in coming to a solution that not only favors the child but allows the parents to relax knowing that they are in good hands.

Thank you to the experts at Gray & Becker, P.C., for their insight into child custody law.

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