When deciding child custody arrangement, it is important to understand that the court will always decide custody disputes based on the "best interest of the child" standard. With this in mind, remember that there are ways to prepare for custody hearings that may increase your chances of achieving your desired result.
It is important to understand the terminology and presumptions that are used by the court. In Texas, custody is referred to as "conservatorship." There is a presumption that the parents should serve as "joint managing conservators," however, this does not mean that the parents will have the children an equal amount of time. It just means that parental duties will be split amongst the parents.
Texas requires that divorcing parents attempt to reach an agreement on custody through mediation prior to going to trial. This process gives the parents the opportunity to find a mutually workable solution that puts their children first; parents know and understand their children's needs the best, so they should seek to work together before relying on the court to order the custody arrangement.
Here are a few tips to help you seek the best possible custody arrangement.
- Seek the guidance of an experienced family law attorney — an attorney understands the Texas laws governing custody and divorce and can help you better understand them. Do not try to interpret the laws yourself, as this may only hurt you in the end.
- Do your own research — while it is best to seek counsel from an attorney, that doesn't mean that you shouldn't take the initiative to do research on your own. This will help you better understand the laws, the process, and help you better communicate your needs and questions to your attorney.
- Use the Internet — the Internet puts massive amounts of information at our fingertips. Use your favorite search engine, social network or forum to discuss the custody topics with your peers. They could offer practical, non-legal advice to help you achieve your goal — custody of your child.
- Be open to working with your former spouse — if you are going to have joint custody of your children, you will need to work together to make important decisions about how best to raise the children.
- Put your children's interests above your own — doing this will show the court and your spouse that you want to be an important part of your children's lives and that you take your responsibilities as a parent seriously.
For questions and legal guidance relating to child custody, always seek the counsel of an experienced attorney.
