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Custody issues in Texas are determined by a wide range of factors. Generally, courts must consider the best interests of your child when making decisions regarding custody. The best interest of the child standard attempts to take into several different circumstances which relate to your child’s overall well-being. In today’s blog post from the Law Office of Bryan Fagan, we will discuss these issues in detail.
It is important to bear in mind that during a Texas child custody case, you and your co-parent are just as likely to have subtle issues together then you are to go to court to have a judge decide. With that said, you must receive expert guidance and advice during your case. The attorneys with the Law Office of Bryan Fagan are well-acclimated to making arguments in court that support the best interests of the child. We take seriously the responsibility to advocate for our clients and their children.
What our attorneys also do is work to build a strong base of negotiation throughout the case. Since a settlement is a more likely result than a trial our attorneys act diligently when it comes to your communication with opposing counsel. To learn more about the specific skills and experience of our attorneys please do not hesitate to reach out to the Law Office of Bryan Fagan today. We offer free-of-charge consultations six days a week.
What role have you played in your child’s life to date?
The role that you have played in the life of your child leading up to the family law case is likely to be your role moving forward. For instance, consider a situation where you have acted as your child’s primary caregiver for his entire life. You took him to doctor’s appointments and birthday parties. Preparing meals and putting them to bed was your responsibility. Since this is the role you have played previously it is also likely to be the role you play moving forward.
Conversely, if you have never acted as your child’s primary caregiver then it is unlikely for you to be named as primary conservator in your child custody case. This does not mean that you are an unfit parent. This also does not mean that you will not be able to come back to court in the future to reassess this issue. However, right now it means that your child’s best interest likely lies in your co-parent being named as the primary conservator.
The issue of primary conservatorship is one of the most hotly contested in all of Texas family law. If you anticipate that this is going to be a major issue in your family law case, then it is best to have as much help as possible. The attorneys with the Law Office of Bryan Fagan know how to address issues related to primary conservatorship through negotiation. We attempt to do everything we can to help you maximize your goals in a negotiated setting. However, if negotiation is not successful then our attorneys know how to operate in the courtroom and represent your interests.
What is your living situation like?
Determining your living situation on a long-term basis can be a challenge during a family law case. Simply put, where you are living now may not be where you plan on living in the long term. For instance, suppose that your wife just filed for divorce from you. Not wanting to create a scene at home you decide to leave the house. You take a few belongings with you and move into your parent’s spare bedroom. Living with your parents is not going to be your long-term plan. For now, it is the best you can do with short notice.
Courts tend to not penalize a parent for short-term living situations. A court understands that you are in between housing and your living circumstances now may not match up with your living circumstances in the future. That said, you still need to account for your specific needs when it comes to your family circumstances. If you have children, then you need to have a place for them to stay when they are spending time with you. Finding suitable lodging may mean renting rather than purchasing a home at this moment. That is especially true during a divorce when large purchases are ill-advised.
Should you try to stay in the family home?
Staying in the family home does not necessarily provide you with an advantage in a child custody case. One of the presumptions that people make in a child custody case is that staying in the house automatically gives a parent a leg up when it comes to custody determinations. While your home environment may be stable from the outside staying in the house does not guarantee you anything. If you choose to remain in the family house but cannot afford all the costs that come with it then you may harm yourself when it comes to a stability argument.
Balancing work and home life
One of the major challenges in a family law setting is to balance your work life and your home life. Your work and your work schedule will determine in large part your availability to parent your child. A parent who works from home has greater flexibility to pick up a sick child from school than a parent who works as a paramedic. There are tradeoffs when it comes to work. Additionally, one job should not be seen as better for parents than another simply because it allows for greater flexibility.
With that said, there are real-life consequences to the work schedule that you have. Speaking of the paramedic job, it is difficult to when primary conservatorship of your children when you are someone who works unorthodox hours. Firefighters, policemen, doctors, and paramedics famously work atypical hours. Consider this when you are determining issues related to conservatorship in your case. Is it possible for you to take on adjusted hours or a different schedule to meet the challenges of your parenting life? The family law case is a good time to pursue those possibilities. Otherwise, your options when it comes to conservatorship may be somewhat limited.
Your ability to co-parent
Co-parenting is a word that gets thrown around quite a bit in a family law case. Generally, it refers to your ability to work with your child’s other parent to accomplish common goals. At its core, co-parenting relates to communication among parents. This can be a challenge after a difficult family law case. The last thing you may want to do is to work closely with your child’s other parent after going through a child custody case or divorce.
This is one of the ironies of a family law case. Specifically, the person you least want to interact with is the person you most need to interact with. Your co-parent is someone you need to foster a relationship with because the well-being of your child is at stake. The better your relationship with your co-parent the more likely you are to be able to raise your child successfully. If you thought that raising your child with your co-parent was difficult when he lived together imagine how difficult it will be now that the two of you are living separately.
An experienced family law attorney can help you to focus your attention on goals in a family law case. For instance, the attorneys with the Law Office of Bryan Fagan can help you identify potential problem areas in your co-parenting relationship. We know that co-parenting is a challenge. It is not as if anyone can wave a magic wand and suddenly find themselves a better co-parent. However, what can be done is parents just like you can emphasize co-parenting. That could mean setting aside your ego and showing patience to the other person.
Your willingness to prepare matters in a child custody case
In a child custody case, your ability to work alongside your co-parent matters a tremendous amount. It sounds trite, but a willingness to view the situation from the perspective of your co-parent can make a big difference. Many families struggle because the two parents simply cannot set aside their differences long enough to address many legitimate challenges they have. As a result, the family and the child suffer. This does not have to be your future, however. There are practical ways for you to prepare for a child custody case.
It may not immediately make sense, but preparation for any child custody case can lead to more favorable negotiating results. One of the best places to settle your case is in mediation. When you attend mediation, you place your case before a family law mediator. That mediator helps you and your co-parent to identify issues and better approach problems as a team. Going into mediation with a plan provides you with a tremendous advantage to begin negotiations.
By having a plan, you would have thought up goals and developed a mindset in your case. This gives you a jumping-off point to begin negotiations. The parties who tend to struggle in mediation are those who have not prepared diligently. It is unlikely that you will be able to begin planning for mediation on the day of mediation itself. Rather, you need to be able to plan and look into the future to take advantage of everything that mediation has to offer.
Financial Considerations
Although you may not like to think about it, financial considerations certainly factor into a court’s decision-making when it comes to child custody. This does not mean that the parent who makes more money will necessarily have an advantage when it comes to child custody issues.
What this does address is the reality that children need to have a basic level of financial security to live on airlines. For instance, if you would like to be named as primary caretaker of your children then it helps to have a job that provides for the daily needs of your child. Yes, child support is intended to help you raise your child. However, child support is seen as a supplement in terms of income. It should not be assumed that child support can act as the primary means of supporting your child.
If you have never worked outside the home before then this presents you with some unique challenges. Spousal maintenance and child support should not be presumed in a child custody case. If you plan on playing a major role in the life of your children, then you should begin to start looking for work. That may mean preparing a resume for the first time in your life., it could mean finishing a college degree or certification that you began years ago. Above all else, having a plan matters. Again, the courts understand that you may be in a transition phase during the family law case. However, that does not mean that you have no responsibility to look toward your future and begin planning for your life after the divorce or child custody case comes to an end.
The preferences of your child
One of the most misunderstood issues in child custody cases is that of your child in their preferences. At some point, it became the opinion of many people that the preferences of your child mattered more than just about any other factor we have talked about today. The popular thought is that your child simply must voice their opinion about any issue in child custody. Once that opinion is voiced the judge must follow your child’s opinions. With that said, many parents come into child custody cases extremely confident because they think they know what their children want as far as custody is concerned.
The reality of this situation is much different than this. Children can indeed voice their opinions related to a range of different topics in family law. However, the specific issue that a judge would look for when speaking with your child relates to primary conservatorship. The opinions of a child twelve years or older can be addressed to a family court judge. This is done after a motion is filed by you or your co-parent. Your child would be able to speak to the judge in private without you or your co-parent present.
Children younger than twelve may also speak to the judge. However, it is not guaranteed that the judge would approve that request. It is up to the judge’s discretion whether to allow a child younger than twelve to speak to him or her on this subject. Even then, the opinion of your child is only one piece of evidence the judge considers when determining primary conservatorship in your case.
The role of an experienced family law attorney
When it is all said and done, you want to be able to put your best foot forward in your child custody case. As you can tell from today’s blog post, a court considers a wide range of topics when it comes to child custody. As such, you cannot afford to leave any stone unturned or otherwise not participate fully in this process. You must be able to understand each of these subjects and prepare diligently for them. This gives you the greatest opportunity to accomplish whatever goals you have in your child custody case.
The attorneys with the Law Office of Bryan Fagan have been fortunate to be able to represent parents just like you across the family courts of Texas. We understand the issues that a court looks at and help our clients to gain information regarding that specific area. From there, you are empowered to make decisions for yourself and your family. An attorney from our office does not take away the decision-making authority from you. Rather, we provide you with trustworthy information about the circumstances which matter most to your case.
Thank you for choosing to join us today here on our blog. The attorneys with the Law Office of Bryan Fagan post unique and topical blogs each day about Texas family law. We hope that the information we have shared with you has answered some of your questions. Any other questions or concerns you may have can be addressed to one of our family law attorneys. With offices in every major metropolitan area of Texas, you are never too far from the helping hand of one of our attorneys.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
