Every client ask “How do I win custody?” It is a fair question, after all, isn’t that the reason to hire a child custody lawyer. If you do not want custody, why spend the time and effort? Unfortunately, the question has no easy answer. The Texas Family Code instructs the Judge that the primary consideration is the best interest of the child and then gives a set of criteria for the Judge to look at in deciding what is “in the best interest of the child.” But none of that means anything if you cannot present the facts to the Judge. That is why you need “the right attorney” for your case – the lawyer who will present the facts that support your position, who knows the law that supports your position, and will make sure you are properly prepared.
Texas Family Code Chapter 153
Texas law is very succinct in the area of Child Custody: (1) the Court/Judge must do what is in the best interest of the child; (2) he Mother and Father start every case on equal ground, with equal rights; and (3) a close continual relationship with both parents is best for the child unless one has shown that he or she cannot act in the best interest of the child.
Unfortunately, divorce prevents the child from living with both parents and therein lies the conundrum. The Judge is left to decide where the child will live, with whom the child will live, and which parent will make the majority of parental decisions on a daily basis. The parent that “wins” custody is referred to as the “Primary” conservator. A Judge has the authority to assign rights and duties as the case and the facts dictate but in most instances, the Primary Conservator is assigned the exclusive right to determine where the child lives which may be subject to a geographic restriction, and the Primary Conservator receives child support and decides how that support is spent.
The crux of every Child Custody fight is that both parents want custody. Sometimes for the right reason and sometimes for the wrong reason. The law recognizes that when both parents agree, it must be what is best. When the parents cannot agree, the law will step in and this is where the custody fight begins. Chapter 153 of the Texas Family Code is the controlling law.
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