Every divorce term has the potential to not only be challenging but also to become contentious. If you and your divorcing spouse share children and you disagree on the matter of child custody, the matter can become especially heated.
If this is the difficult situation you find yourself in, you need the skilled legal guidance of an experienced Round Rock divorce custody attorney in your corner.
Resolving the Terms of Your Divorce
Every divorce is different, but every divorcing couple must resolve the same set of divorce terms – as applicable. And if you share children, this can include all the following:
Child custody arrangements
Child support
Property division
Alimony – or spousal maintenance
You and your divorcing spouse will have many opportunities to resolve these terms between yourselves – with the focused legal counsel of your respective attorneys. While any of these can become a sticking point, none are as likely to do so as your child custody arrangements.
It can be especially difficult to come to terms with the fact that you and your children will no longer be living under the same roof around the clock, and if you and your ex are both invested in taking on the primary custodial role, finding middle ground can be that much more elusive.
The vast majority of divorce cases are ultimately resolved out of court, but serious differences regarding child custody often require the intervention of a judge. Proceeding with trusted legal representation is always in your best interest.
Understanding the Court’s Objective
To get a better handle on your child custody case, it’s important to understand the court’s objective when it comes to legal and physical custody in Texas. Texas courts are always guided by the best interests of the involved children, and these best interests are addressed through a wide range of applicable factors.
The Status Quo
Texas courts are interested in how well the children’s needs are served by their current home life. For example, if you and your divorcing spouse separated prior to divorce and one of you remains in the family home with your children – doing the bulk of the parenting in the process – the court will pay attention.
If the children have adapted well to the situation and are thriving in terms of their home life, their friendships, their schooling or daycare, and the community, the judge handling your case will be less likely to upset this formula.
It’s accepted that divorce is hard on children, and Texas courts are motivated to thrust as few changes into their lives as possible when the status quo is working for them. This said, Texas courts also understand how important it is for children to maintain strong relationships with both parents, which generally translates to parenting time schedules that are generous to both.
The Child’s Age and Level of Development
Texas courts appreciate that children who are under the age of three have unique developmental needs that are based on their tender years. A prime example is breastfeeding, which requires near-constant contact between mother and child. As such, the state puts special emphasis on matters like the following in custody cases involving very young children:
How lengthy separations from either parent are likely to affect the child
The amount of involvement each parent has had with the child to date
Each parent’s ability to share in the primary duties, responsibilities, and rights of parenting a young child
Each parent’s availability and desire to provide the young child with the enormous amount of care they require
The child’s routine
The child’s relationship with any siblings
The impact and influence that other people, such as close family members, will have on the child during visitation with either parent
The child’s unique physical, behavioral, developmental, and medical needs, including any special needs, and each parent’s willingness and ability to adequately address them
The child’s need for a healthy attachment to each parent
The distance the parents live from one another
How well the parents get along – as well as their commitment to open communications and effective co-parenting
Whether a transition period is needed to help the child adjust to any changes in their parenting time schedule
In other words, a lot goes into child custody determinations, and taking a big-picture view will give you a better perspective of how your case is likely to be resolved.
The Stability of the Home Environment Offered by Each Parent
Texas courts recognize that when it comes to upholding the best interests of children, stability and consistency are critical. As such, the home life that each parent provides will be carefully considered. While a healthy home life that allows children to thrive is about much more than simply addressing blatant risk factors, any red flags like the following will be of special concern:
If either parent has a history of substance abuse, which can impair parental judgment, can interfere with the provision of care, and makes both neglect and abuse more likely
If domestic violence is a present concern, which is a hallmark of instability and is exceptionally harmful to children
If child neglect or abuse is a consideration, which puts children at considerable risk
If either parent has a mental health issue that affects their ability to provide the children with a stable home and to meet their needs
If either parent has a criminal history, which makes it far more likely that the children will be put in harm’s way
When it comes to assessing the stability of a parent’s home, Texas courts take considerations like the following into careful account:
Whether one parent’s home is more secure, settled, and desirable than the other’s
The amount of time the child has lived in the home – consistency often translates to comfort for children
The other people living in the home – such as siblings of the child, relatives of the family, or a roommate or romantic partner of the parent
Whether the child will have their own room – or whom they’ll be sharing their room with
Whether the home is owned, rented, leased, or occupied via an alternative arrangement
Texas courts naturally favor stable living environments for children, and they employ considerable care in the assessment of this best interest factor.
The Child’s Preference
It’s important to make it clear that Texas courts do not turn to children to set the terms for their own child custody arrangements. Children require parental guidance and are not considered mature enough to call the shots. Texas courts will, however, take a child’s preferences regarding child custody into consideration if the child is determined to be old enough and mature enough.
Generally, the age cutoff is the 12-year mark, but every decision is made on a case-by-case basis. The child’s preference may be another piece in the puzzle of child custody, but it won’t be the deciding factor.
The Child’s Needs
Children need ongoing care and guidance; when a child has special physical, emotional, medical, or educational needs, this requirement grows exponentially. If one parent has established themself as the child’s primary caregiver in relation to their special needs, the court will not ignore this important connection.
When a child has significant special needs and a status quo has been established that faithfully addresses these needs, the court will carefully balance their need for enhanced ongoing care in the context of establishing a visitation schedule with the other parent.
Each Parent’s Commitment to Effective Co-Parenting
You and your spouse are divorcing, which means that you’re likely not getting along very well. While the court appreciates this friction, they are also looking for a commitment from each of you to effective co-parenting, which is in the best interests of your children.
Divorcing parents who aren’t able to keep their animosity for one another from spilling over into their children’s lives do them a disservice, and Texas courts take note.
The traits of effective co-parents include all the following:
Keeping the lines of communication with the other parent open, not only helps the parenting time schedule proceed more smoothly but also bolsters the children’s sense of security
Finding more peaceful ways to resolve conflict with one another – while parents needn’t be best friends, putting one’s children first is an excellent starting position
Refraining from badmouthing the other parent or from engaging in emotional warfare with them in front of the children
Caring enough to treat the other parent with respect – even if it’s only for the sake of the children
Ensuring that the children know when they’ll be with one parent or the other and keeping exchanges timely and consistent
Reassuring children regarding their concerns, including that spending time with and loving each parent isn’t a betrayal of the other
Refraining from communicating with the other parent through the children and from pressing the children for information about the other parent
Remembering that consistency is key when it comes to happy and healthy children and, as a result, doing everything within one’s power to change as little as possible in terms of what’s working in their lives
It’s also important to recognize that children react to challenging emotions differently and to be on the lookout for any emotional displays, outbursts, or changes in behavior that concern you. Your child may require additional attention from you and their other parent, but you should know that professional help in the form of counseling is also available and may be advised.
Your commitment to successful co-parenting as a means of bolstering your child’s overall health and well-being will not be lost on the court handling your child custody case.
FAQ
If you’re facing a contentious child custody case, you no doubt have a wide range of concerns and questions, and the answers to the questions others in your situation ask most frequently can help.
Will my case go to court?
If you and your divorcing spouse are very far apart on the matter of child custody, your case could make its way to court. This does not, however, mean that resolving the matter between yourselves is an impossibility. Your practiced divorce custody attorney will help you navigate the best path forward, which can open up possibilities in terms of negotiations.
Do I need an attorney?
When the issue at hand is as important as your child custody arrangements, the surest means of protecting your parental rights and obtaining a favorable parenting time schedule is with a knowledgeable custody lawyer on your side.
What are my chances of becoming the primary custodial parent?
Every child custody case plays out according to the unique circumstances involved, but there are certain factors that make it more likely that one parent will receive a more generous parenting time schedule and will retain the right to determine the children’s primary residence, including:
A parent who has cultivated a closer relationship with the children, such as a stay-at-home parent who devotes their time to caring for them
A parent who is invested in maintaining the status quo for the children, such as by remaining in the family home with them
A parent who has demonstrated their willingness to do what it takes, including making sacrifices, in order to provide their children with a happy, healthy, and stable homelife
Seek the Guidance of an Experienced Round Rock Divorce Custody Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas, for decades – is an accomplished divorce custody attorney who has the experience, drive, and legal skill to fiercely advocate for your parental rights and for a parenting time schedule that works well for you and your children.
Learn more by contacting or calling us at 254-781-4222 and scheduling your free consultation today.