(833) 553-4251
(833) 553-4251
In most states—including Texas—courts use the best interests standard when deciding child custody and child support. While the best interest standard is inherently subjective, using specific criteria can help courts apply the standard more uniformly. The primary issue is which parent is most likely to look after the child’s best interests. That parent is likely to get primary legal custody—also known as managing conservatorship—as well as primary physical custody.
Determining the best interest of the child in Austin is theoretically the same as in the rest of the state. However, since the standard is subjective, local mores and ethics will influence it. Local courts are less likely to consider more traditional parents as being automatically in a child’s best interests. Of course, the best way to predict how a local court will react is to speak to a knowledgeable child custody attorney who has experience with those courts.
The best interest standard means that the court must consider what is in the child’s best interest—as opposed to the best interest of either parent—when making custody and child support determinations. The courts may start with a presumption that joining managing conservatorship and liberally family law cases does not. The parents do have equal rights to the child if the playing field is entirely level, but the court does not have to try to balance out the playing field to keep it equal for the parents.
Considering all relevant factors, the factfinder tries to decide where a child will thrive. It may not always be with the person who is the best parent, assuming that both parents are fit. Austin courts should take a holistic view of both parents’ skills when determining a child’s best interests.
The standard allows a court to use any relevant factor to determine the child’s best interests in Austin custody proceedings. It gives the court discretion to determine which factors are relevant. This can result in wildly different decisions under very similar factual scenarios. However, courts often consider several factors—the child’s wishes, the child’s physical and emotional needs, any danger to the child, the parent’s abilities, stability, and the existing parent-child relationship.
Children get to express a preference in court when they reach the age of 12. While the preference does not dictate the court’s decision, the court will consider it. In fact, the court will consider preference even before a child turns 12. Although the child cannot testify, there are other ways that the courts can consider their wishes, including testimony from guardians, ad litem, or other representatives.
Meeting a child’s physical and emotional is critical, and those who can meet those needs play a massive role in custody determinations. The court does not only look at any special needs but also the general physical and emotional needs of the child. This question ties into the issue of parental ability; though parents can have equal abilities, one may be better suited to the task because of one’s life circumstances.
Does either parent present a danger to the child? Assessing danger is not just about direct physical danger to the child, such as a history of child abuse or domestic violence. It includes other safety factors like drug or alcohol usage, the condition of the home, the safety of the neighborhood, any other people in the household, mental illness, and more.
Which parent is able to offer better stability? Stability is often linked to financial security, which the court can correct with child support. However, stability is not just financial. The court can consider other factors, including things like the parent’s dating life, to determine stability for the best interest standard in Austin.
While there are certain factors the court usually considers when looking at relevant factors, they can consider any relevant factors. Those factors can include whether the parents have complied with prior court orders and their behavior during the custody dispute. Instead of trying to handle it on your own, get help from an attorney. They can help you understand the factors courts use when determining the best interest of the child in Austin.
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