When getting ready for a custody action in Texas, mom and dad need to be thinking fundamentally about what is in the best interests of the child, for this is what the family law court judge will be focusing on. Both parents do have certain rights under Texas law, but it is the needs and rights of the children that are of principal importance in custody battles, and these will be the key factors upon which the family court will attempt to base the decision.
As stated in section 153.002 of the Texas Family Code, generally, parents are considered to be equal in their right to parent their progeny, so the rights of parents is not likely to be a determining factor. It is the best interests of the child that are important, and the aim of the Texas Family Code (as seen in Section 153.00) is to: (1) Assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) Support a safe, stable, and nurturing home for the child; and (3) Encourage mum and dad to share in the rights and duties of raising their little ones after the parents have put their relationship on hold or dissolved their relationship altogether. If you are a father or mother who is organizing yourself for (or even considering) a custody dispute, you would do well to bear this in mind at all times. You will not be able to establish a solid case for custody of your children unless you can show the court how you having custody will be in their best interests. Giving foremost consideration to your little ones will also play a decisive role in many other essential areas of your life, at least until custody has been resolved. These areas include: (1) Where you set up house. While it might be tempting to move as far away from your former partner as possible, this is hardly ever going to be in the best interests of the progeny. (2) How you deal with your own personal struggles. While you might feel that you want the presence of your child to help you get through the shock of the relationship breakdown, be aware of the fact that your children are simply not mature enough to deal with the range of emotions experienced by an adult, and that dumping your personal troubles on them is not simply unhelpful, but can be a form of abuse! (3) Considering what you say about your Ex. In the same way, both parents preparing for custody hearings before the court of Texas must be mindful of the extraordinary injury that they can do through speaking badly of their former partner in front of the children. Such behaviour not only does damage to child and parents alike, but it may also be considered by the judge, where a noticeable breakdown in self-control may be taken as an indicator of an inability to fulfill the proper role of mother or father! For more informat on Child Custody in Dallas: Custody Law
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