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Want to Know How Your Judge Will Evaluate What Is in the Best Interests of Your Child? Read This Blog Post

Imagine you’re in a high-stakes game, but instead of cards and chips, you’re playing for something far more precious: your child’s future happiness. Welcome to the world of custody battles, where evaluating best Interests of the child in custody cases can be your golden ticket.

In this blog, we’ll be your tour guides through the rollercoaster ride of custody cases. We’ve got all the insider tips and tricks to help you navigate the twists and turns. Ready for the short answer? It’s all about putting your child’s well-being front and center. Why? Because your child’s happiness is worth every effort. So, grab your legal hat, put on your superhero cape, and let’s dive into the world of “Evaluating Best Interests of the Child in Custody Cases” with a smile!

Unlocking the Secrets to Winning Custody: Your Child’s Happiness Comes First!

If you have ever been through a legal case where you had to appear in front of a judge for a hearing or trial, you have probably had the same thoughts that every attorney in the history of the law has had: I wonder what that judge is thinking. Attorneys spend hours and hours preparing cases to present to a judge and ultimately it all boils down to what that judge thinks about your case on any given day. A lot of work goes into preparing for a relatively short hearing.

The Court’s Perspective on Your Child’s Best Interests

The difficult thing about it is that every judge has different opinions about different situations and circumstances. The judge that your case has been assigned to likely thinks differently about your case facts that the judge across the hallway from her. If there are specific criteria that a judge would have to apply when evaluating a specific issue that can make preparation for a hearing or trial much easier.

In yesterday’s blog post from the Law Office of Bryan Fagan, we began to go through the factors that the Texas Supreme Court laid out for the evaluation of a child’s best interests in their Holley v. Adamscase. There are ten factors and we made it through five. We will follow up today with a discussion on the remaining five factors. If we have the space available in this blog post to do so we will also look at how your judge is likely to apply those factors to children of various ages, from infants all the way up to 18-year old’s.

Where do you see yourself and your child in five years?

This is like the question that employers commonly ask job applicants in their interviews. If you are interviewing for a job the employer wants to know where you see yourself in five years so that they can evaluate your ability to plan a future for yourself. Your specific goals are important too, it’s just that the employer likely wants to see if you have given any serious consideration to where you want to be in the next five years.

What Do Courts Mean by Best Interests of the Child

Answering common child custody questions for Texas parents, it’s important to understand how a judge evaluates evidence in divorce and child custody cases, particularly regarding your plans for your family. Articulating your goals for yourself, your family, and your children during testimony can demonstrate critical thinking, intentionality, and your care for your children. Failing to discuss these plans can be detrimental to your case.

Judges pay particular attention to family plans in unique situations, such as having a job that might require living abroad or if your child has a disability. Questions like what care your child will need in the coming years, where it will be provided, and how you’ll ensure it’s received are crucial. It’s better to contemplate these issues in advance rather than scrambling for answers on the witness stand.

Consideration of Your Living Situation in Texas Child Custody

Additionally, the feasibility of your plans in relation to your living situation is a significant consideration. Judges will consider the safety of your neighborhood, who else resides with you, and their relationship to you when assessing if your home environment supports your plans.

Amidst these considerations, “Midlife crisis and divorce” can introduce unique challenges. The final factors a court typically evaluates are your past actions or omissions that could affect your parenting. This includes any irresponsible or negligent behavior. However, these are unlikely to be relevant if no serious neglect issues have arisen. Often, if serious neglect is involved, the responsible parent would likely settle the case early instead of risking a negative outcome in court.

Children have different needs at different stages in their lives

Understanding that an eight-year-old child has different needs than an eighteen-year-old is common knowledge, especially for parents who witness firsthand the myriad differences between a teenager and a younger child. However, when involved in a child custody case, it’s crucial to know how to assess the impact of your child custody case on your child. This assessment is not only important for your understanding but also because the judge will likely consider specific age-related factors in your case. It’s beneficial to spend time reflecting on the different age groups your child might belong to and how a judge’s perception of their needs could vary based on their