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Looking at how child custody determinations are made in Texas, P.3

In our last couple posts, we looked briefly at how courts in Texas make child custody determinations. As we pointed out, the best interests of the child is always the central consideration in child custody cases and courts presume joint custody is in the best interests of the children unless there is evidence to demonstrate otherwise.

In advocating for parents under the best interests standard, one of the goals of an experienced attorney is ensure that the court has as much information and as accurate information as possible to make its decision. This includes information about both parents, the children, and the relationship between each parent and the children. 

Naturally, in contentious divorce cases the parents are going to seek to portray the other parent in an undesirable way. This can come across as accusations of poor parenting choices, commitments outside the family, failure to make time for the children, highlighting financial insecurity or the personal flaws and instability of the other parent and the company he or she keeps. It can also come out, in some cases, as accusations of abuse and neglect. Obviously such accusations are serious and must be countered with an accurate defense.

An experienced attorney, facing such accusations, will meet them head on and seek to highlight aspects of the case which call the court’s attention to positive qualities of the parent as they relate to the children. Accusations of abuse and neglect will be a particular priority. Regardless of the circumstances of the case, a zealous advocate can help ensure that a parent has the best possible opportunity for a favorable custody outcome. 

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