In Episode 6, Bryan and Janice dive into the complexities of child custody disputes, focusing on the "best interest of the child" standard. They provide real-world examples and practical advice for parents navigating these challenging cases.
Understanding the "Best Interest of the Child"
Courts prioritize the child’s well-being when making custody decisions, considering:
- Holly Factors – Parental ability to provide, willingness to co-parent, and the child’s emotional and physical needs.
- Evidence – Parents must demonstrate involvement in their child’s daily life.
- Judicial Discretion – Judges have broad latitude, making preparation crucial.
Common Custody Scenarios
- Two Good Parents – When both are fit but can’t agree, decisions often hinge on caregiving roles and logistics.
- Safety Concerns – Cases involving neglect or substance abuse may lead to major custody shifts.
- Post-Divorce Parenting – Courts assess how roles will adjust to maintain parental involvement.
Practical Tips for Parents
- Document Involvement – Keep records of medical appointments, school events, and daily routines.
- Show Co-Parenting Efforts – Demonstrate a willingness to collaborate.
- Focus on the Child’s Needs – Avoid letting personal grievances dictate decisions.
- Hire an Experienced Attorney – A knowledgeable lawyer can navigate local judicial tendencies.
Can Children Choose?
In Texas, children 12+ can express a preference, but it’s just one factor among many. Judges weigh this alongside other evidence.
Key Takeaway: Be Prepared
Custody cases are emotionally and legally complex. Preparation, strong evidence, and a focus on the child's well-being can lead to the best outcome.