As a parent facing the end of a relationship and a court determination on your child’s custody, you may benefit from speaking with a seasoned family law attorney Austin, TX clients recommend from The Law Office of Ryan S. Dougay. Each family law attorney in Austin, TX from our firm has helped many parents successfully resolve contentious child custody issues.
When you have your child’s best interests in mind, it can be frustrating to find yourself fighting for custody of them. However, though it may be clear to you that you’re the parent best qualified to have primary or sole custody, a judge will have to make the determination.
There are a number of criteria the judge will consider to make his or her decision. Because every case is different based on the unique set of circumstances involved, it is best to rely on the legal guidance of an experienced family law attorney Austin, TX parents turn to, such as you’ll find here at The Law Office of Ryan S. Dougay.
Your lawyer can review the issues that the judge will likely look at prior to making their decision. However, there are several factors commonly used to determine which parent should have primary custody of the children.
1. The age of your children. If your children are very young, the court may lean toward not changing their current living arrangement. A family law attorney Austin, TX families rely on can explain that means that whichever parent will keep the family home, is the one who might be more likely to be awarded primary custody. This usually goes hand in hand with making sure the child will not have to move unless necessary. In turn, this allows them to maintain the same neighborhood friends, neighbors, and daily routines.
2. The preference of each parent. If one of the parents believes they should have primary custody, and the other parent does not disagree, the judge is more likely to approve unless there are extenuating circumstances.
3. The closeness of each parent to the child. If the child is especially close to one of the two parents, the judge may be inclined to grant that parent custody.
4. The physical and mental health of the child and each parent, and if any have special needs that could interfere with the custody arrangement.
5. The attitudes of each parent toward the other in terms of possibly hindering the other’s relationship with their children.
6. Each parent’s ability to provide a safe, stable, loving, and healthy environment for the child.
7. If one parent has provided the vast majority of support for the child, the judge may look favorably on them. Support in this context is not only about money but also time, attention, and efforts to deal with emergencies or difficult situations. Will that parent be able to continue providing for the child’s medical, emotional, and physical needs?
8. Will the child have their own room, or will they have to sleep on the couch or floor? The judge will likely want to know what each parent can provide in terms of living accommodations for the child.
9. If the child is of a more advanced age, or if they demonstrate maturity, the judge may ask them if they prefer to continue living with one parent over the other.
10. If there are any proven issues of alcoholism, narcotics abuse, sexual abuse, or neglect of one parent toward the child or other children, this may have a tremendous effect on the judge’s decision.
Let a Family Law Attorney Austin, TX Locals Depend On Help
If you have questions or concerns about how the court decides child custody arrangements, give us a call. An Austin family law attorney from The Law Office of Ryan S. Dougay will be happy to talk with you during a complimentary consultation. Call a family law attorney Austin, TX provides today at (512) 469-0811 to request an appointment.