Texas family laws generally assume that it is in the best interests of a child to reside with both parents when they divorce. Since these interests are of paramount importance in all decisions rendered by the family court, you will need to show from the outset why your winning custody will most benefit the child. It is important that you have a College Station child custody attorney in your corner when you apply for custody.
Working with the Other Parent
If it is at all possible, you should try to get the other parent to agree to the custody arrangement. This takes the power to decide out of the hands of the judge and keeps it between the parents. Unfortunately, this is not always possible when divorcing parents do not get along. You may try working with a mediator. This individual will listen to both sides disinterestedly, and pass offers between both parties.
Taking the Matter to Court
If you are not able to arrange an amicable custody settlement with the other parent, you will need to work with your attorney to develop a strong argument that you should be granted custody. The court will recognize issues such as a history of spousal or child abuse, periods of neglect, or that the other is unfit because of a criminal background. You will need to provide credible evidence supporting your claim.
When another Family Member Asks for Custody
It is not always a parent who requests custody. Perhaps after the divorce a parent wishes to assume the role of raising the child because she recognizes it would be better for him. If the parents are unmarried, they will need to proceed by contacting the court clerk in the county where the divorce was granted to file the custody request.
You will likely need to accept visits to the home by a social worker, undergo a psychiatric evaluation, and go through other testing ordered by the court. Once you pass these it is time to ask that a hearing date be calendared.
For Legal Assistance with Your Child Custody Case
Child custody can get very nasty at times. It raises so many emotions in many parents, and one can assume the divorcing parents are not getting along well to begin with. It is a good idea to hire a Bryan child custody lawyer for this reason. Call Peterson Law Group today at 979-703-7014.