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Child Custody Battles - Ep 6

Author
The Eggleston Law Firm
Published
Mon 10 Mar 2025
Episode Link
None

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.

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