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Understanding the Best Interests of the Child in a Texas Family Law Dispute

Understanding the Best Interests of the Child in a Texas Family Law Dispute

In Texas, when there are unresolved legal issues as part of a divorce, and there are minor children who will be affected by the ways those controversies are settled, the courts are guided by the principle known as the “best interests of the child.” Accordingly, the court must give priority to an outcome that best serves the emotional, physical and mental needs of the child.

For example, when establishing conservatorship and access (formerly known as custody and visitation), the court may grant sole legal and physical conservatorship to one parent, or may confer joint legal and physical conservatorship to both parents. As a practical matter, the court always seeks to encourage participation and involvement by both parents in the growth and development of minor children, but may opt to limit one parent’s access if there has been physical abuse, substance abuse or other violations of the law.

best interests of the child

When determining the best interests of the child, the court will typically look at a number of factors, including:

  • The demonstrated ability of each parent to nurture and raise children
  • The stability of each parent’s home and work life
  • The future plans each parent may have for the child
  • The willingness of each parent to support the child’s relationship with the other parent
  • The child’s physical and emotional needs

In addition, if the child is more than 12 years of age, the court may factor in the child’s preferences.

Contact Us

At the family law office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas.

To learn how we can help, call our office at 281-761-6042 or contact us online. Our family law attorney offers an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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