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Battling for child custody, or and visitation can be an emotional ride, even more so if you don’t have guidance along the way. Every custody battle is given a case-by-case examination and an unbiased ruling on a family’s unique situation. Being well-equipped for questioning can help you prepare to face a court judge. Here are 8 factors a court judge considers when approving parental rights.
Factors that are Pivotal to Court Decisions
An assortment of factors and questions may affect a judge’s ruling. The state of Texas has no systematic rules on what factors determine who wins custody, but all outcomes are in favor of the child.
Best Interest of the Child
In chapter 153 of the Texas Family Code, the number one factor is what is best for the child. Would the child benefit from no contact from the parent? -Would both parents work better? Understanding the answers to these questions will help affect the outcome of who gets what.
Parents who consistently make it hard for the other parent to see the child and are unwilling to cooperate with the other will most likely lose custody rights. When a parent is willing to collaborate, they have better chances with their child.
Financial and housing stability plays a big part in which parents has full custody. If the environment is seen as unfit, the child may go with the opposing parent.
Physical or Emotional Abuse
If there is a history of physical or emotional abuse, the child will go with the other parent. If they decide to implement some visitation, there may be a third party, such as a social worker, supervising the visit with the child to ensure the child’s safety.
Child’s Best Wishes
Children twelve years and up, are legally allowed to voice which parent they want to live with and have full custody. However, the court considers their input and makes a final decision after the fact.
How is Child Support Determined?
In the lone star state, some variables go into determining the calculations of which parent pays in child support. These factors may include:
- The child’s needs
- Both parent’s income
- Both parent’s lifestyles
- Both parents’ ability to pay child support
- Child’s standard of living before divorce
Monthly income and expenses are thoroughly analyzed to understand how much is to be paid in child support.
Will a Parent’s Living Expenses Determine Child Support?
Child support paid can be changed later, so the decree is never finalized. The variables of what may change how much is spent on child support contain questions:
- Child tuition
- Parent’s income
- Parent education expenses
- Expenses for special needs or gifted children
- Expenses for elderly or relative’s care
- Unpaid or costs of the parent’s medical expenses
- Obligations to other children through child support
There may be another factor that determines an adjustment to child support payments. The “Cost of Living Adjustment Clause” in a child support order means adjusting the child support payments to the living area’s cost of living.
Contact Barrera & Associates for a Free Consultation
Contact the best custody lawyers McAllen has to offer, who specialize in family court, and we can give you the necessary legal advice and aid to help you successfully win your court case. We have staff ready to answer your most challenging inquiries.