When parents in Texas go through a custody dispute, the primary concern is always the well-being of the child. The legal term for this is “the best interests of the child.” But who exactly determines those interests?
The role of the judge
In Texas, a judge plays a key role in determining the best interests of children during custody disputes. He or she reviews all the evidence and testimony presented by both parents (and relevant parties). From there, they make decisions that aim to ensure the child’s physical, emotional, and psychological needs are met.
Factors considered by the court
The court takes several factors into account when determining the best interests of the child or children, including:
- The child’s age and physical and mental health
- The emotional ties between the parents and the child
- Each parent’s ability to provide a stable environment
- The child’s preference, depending on their age and maturity
- Any history of family violence or substance abuse
These factors help the judge decide what would be most beneficial for the child’s growth and development.
Guardian ad litem
The court may appoint a Guardian ad Litem (GAL) to represent the child’s interests in a custody dispute. The GAL investigates the situation, interviews parents, and works with important parties in the child’s life. They then create a report for the court, which presents recommendations based on their findings. This ensures that the child’s voice is heard throughout the legal process.
The impact of parental behavior
Parents’ behavior during the custody process can impact the judge’s decision. Demonstrating a willingness to co-parent and put the child’s needs first is favorable. Any attempts to alienate the child from the other parent can negatively affect outcomes.
Determining the best interests of the child in custody disputes involves a thorough evaluation. This approach ensures that the child’s well-being remains the focal point of any custody decision.
