Texas parents who are going through a divorce and who want to win their child custody battle should have a plan of action before going to court. Taking time to learn the child custody laws and having a family law attorney to represent them are part of being fully prepared.
No parent should presume that the judge will accept their argument in the child custody case. The role of the family court is to always do what is in the best interest of the child. Parents may be able to improve their case by showing that their primary concern is also what serves the child the best.
During a custody hearing, the judge will consider several factors to arrive at a decision. These factors include which party presents as the better parent, the relevant documentation submitted by the party, whether or not the parents are adhering to proper courtroom etiquette in their manner of dress and behavior and what decision will be in the best interest of the child.
Parents who are not awarded physical custody may be provided with substantial visitation rights. Unless it is presented evidence that indicates otherwise, the court typically believes that the best interests of a child will be served if he or she has a relationship with both parents. Regardless of the outcome of the child custody dispute, it is important for both parents to remain an active part of their child's life. The creation of a formal parenting plan may be helpful.
Disputes over physical custody can rapidly become bitter. Family law attorneys will sometimes suggest to their clients who are engaged in one that, instead of having a judge make the decision after a lengthy and expensive courtroom battle, mediation might be a better approach.