Child Custody- San Antonio Divorce Lawyer
The term “custody” refers to the parent who will have the exclusive right to determine the primary residence of the child(ren). The other parent will then be awarded visitation rights.
There is no presumption under Texas law as to who should be the primary parent. By law, gender alone does not mean that one parent is more fit to be the custodial parent than the other.
As a San Antonio custody attorney, Rebecca J. Carrillo is familiar with the factors that the courts consider when deciding custody cases. Some of these factors are referred to as “Holley Factors”. Holley factors refer to a landmark case, Holley v. Adams, where in the court came up with a non-exclusive list of factors that a court should consider when determining custody. Some of these factors include:
the desires of the child
the emotional and physical needs of the child now and in the future
the emotional and physical danger (of one parent) to the child now and in the future
the parental abilities of the individuals seeking custody
the programs available to assist the parents
the plans for the child by these individuals
the stability of both parties’ homes acts or omissions of a parent which may indicate that the existing parent-child relationship is not a proper one, and
any excuse for the acts or omissions of a parent.
These are not the only factors that a judge will consider when determining a custody case. The judge will also consider a parent’s criminal history, drug usage, and relationship with the child.
Every family is different, so every custody case is different. For help in evaluating your custody case, call San Antonio divorce attorney Rebecca J. Carrillo for a consultation at 210-468-1581.