Child custody is a complex and emotionally charged issue, but understanding your rights and the legal standards that apply can help you make informed decisions that protect your child’s well-being.
Our child custody lawyers in McAllen will explain your rights when it comes to determining the child’s best interest, creating a parenting plan, and modifying a child conservatorship order. Scroll down to read more.
What is the “Best Interest of the Child” Determined?
When making decisions about child custody, the court always considers the child’s best interest. But what exactly does that mean? The child’s best interest is a legal standard that courts use to determine what is best for the child’s physical, emotional, and mental well-being.
How a Court Determines Custody
It’s important to remember that the child’s best interest is a flexible standard, and the court will consider all relevant factors on a case-by-case basis. The ultimate goal is to make a decision that will promote the child’s health, safety, and welfare by assessing the following:
- Any history of abuse or neglect.
- The stability of the child’s current living situation.
- A parent’s ability to provide for the child’s needs, their mental and physical health.
- A parent’s willingness to foster a positive relationship between the child and the other parent.
What is a Parenting Plan?
A parenting plan is a legal document that outlines how parents will share responsibilities for raising their children after a divorce or separation. The parenting plan will typically address issues such as:
- Parenting time schedules
- Decision-making responsibilities
- Communication between the parents
The plan may also address specific issues such as:
- How disputes will be resolved
- How changes to the plan will be made
- How holidays and vacations will be shared
A parenting plan is an important document that can help reduce conflict between parents and provide stability for the child. Parents can avoid misunderstandings and disagreements that could negatively affect their child’s well-being by laying out clear guidelines for decision-making and parenting time.
How Do I Modify a Child Conservatorship Order?
Sometimes, circumstances change after a child conservatorship order has been established, and a modification may be necessary. To modify a child conservatorship order:
- The requesting party must file a modification suit and show a significant change in circumstances that affects the child’s well-being.
- Once the court receives the modification suit, a hearing will be scheduled,
- Both parties will present evidence to support their case.
- The court then decides on the best interest of the child.
Request our Child Custody Lawyers in McAllen
It’s important to note that a modification suit can be a complex legal process, and it’s essential to seek the assistance of an experienced child custody attorney to help you navigate the process. Your attorney can help you gather the necessary evidence to support your case, present your arguments effectively in court, and protect your rights and your child’s best interest.
Contact Our Child Custody Lawyers in McAllen
Child custody issues can be tough, but you don’t have to do it alone. Barrera Sanchez and Associates are here to help you. We are experts in child custody cases and will work hard to protect you and your child’s rights. If you need help, call us at (956) 287-7555 to schedule an appointment.