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The court’s interpretation of “the best interests of the child” 

On Behalf of | Oct 24, 2022 | Child Custody |

There are several complicated negotiations that take place in most divorce cases. Child custody is often at the top of the list. Each parent may have their idea of what’s best for the child and the court may take another view. 

At the end of the day, if both parents cannot find a suitable solution, then the court will step in and rule based on their interpretation of the best interests of the child. What factors will the court consider when deliberating on this issue? 

The safety of the child 

If the child is unsafe then there is little point in thinking about anything else. One of the first things the court will do is assess whether or not there is any legitimate threat to the safety of the child. In some cases, it’s necessary for the court to impose supervised visitation, which means that the child is always in a safe environment with a responsible third party present. 

The home environment 

The court will also carefully consider the child’s physical and emotional needs. Divorce is a disruptive process, so they will try to find the most stable solution for the child. If one parent has been the primary caregiver for years then the court may be reluctant to change this. 

Both parents have rights 

Generally, the family court prefers both parents to be actively involved in the upbringing of the child. This means that you can never be pushed out of your child’s life. If you have issues with possession or conservatorship in Texas, then it’s important to seek some legal guidance and assert your rights as a parent.