If you have a child custody case, the best thing you could do is get a lawyer and develop a specialized plan specifically to your child’s needs and the facts of your case. That being said, below are some general issues to consider if you are going through a child custody case. As one of the best San Antonio divorce lawyers, Rebecca Carrillo has significant experience tailoring your case to fit what a judge or jury is looking for when deciding custody.
Generally, most Dads worry that Mom will always get custody no matter what. That is not true. We have represented a number of fathers who wanted primary, for a variety of reasons. The law in TX doesn’t prefer one sex over the other. However, it is true that our Texas judges decide cases based on a number of factors, one being their own past experiences. So, if you are male seeking custody from a female mother, then you do need to prepare yourself for a lot of work in proving your case. This doesn’t mean your case is impossible, but rather that you need to be diligent in proving your case.
When deciding custody, the best interest of your child is always paramount. What does that mean? That means that the judge looks into a lot of factors such as:
- Who takes the child to their medical appointments?
- Who interacts with the child’s teachers?
- The emotional and physical needs of the child
- The emotional and physical dangers to the child now and in the future;
- The parental ability of each parent
- Who attends school functions?
- Who attends practices and games?
- Who helps with homework?
- Who makes dinner?
- Who gets the child ready for school or for bed at night?
- Who makes sure the child brushes their teeth?
- The plans each parent has for the child
- The stability of the home or proposed placement
- Who buys the child clothes, equipment for their activities?
- What work schedule do the parents have?
- What flexibility does a parent have to leave work to care for the child?
- What kind of support system do the parents have to assist in caring for their child?
- Are there any negative issues surrounding a parent (drugs, alcohol, family violence, theft, untreated mental illness)?
- Is one parent constantly pawning the child off on other people to care for the child?
- Is one parent constantly alienating the child from the other parent?
- Criminal backgrounds of the parents
- What are the desires of the child?
These are just a handful of factors that our Texas judges consider. These factors are viewed as a whole, meaning that only rarely would proving one of these factors get you a victory in court. Each case is unique and should be evaluated on a very detailed basis. As a San Antonio divorce lawyer, Rebecca Carrillo takes the time to learn the details of your case and works with you to develop a plan that best suits your needs and works to protect your child.