Best Interest of the Child

1
Reeves Law Firm
Protecting Families in Crisis
http//www.planoattorney.net/
2
Child Custody
Best Interest of the Child
Parents who fight in front of a children are not
acting in the childs best interest. The Childs
Best Interest controls who wins custody in Texas.
3
Child Custody
The Court in Texas must consider the best
interest of the child
Texas Family Code specifically states that the
Court is required to render orders
in custody and child support cases based on what
the Court determines to be in the Childs best
interest.  The question then, is what is in the
childs best interest..  To understand this
concept you must first accept the premise that
children have the right to expect and enjoy a
safe, stable, non-violent home environment where
they will have frequent, meaningful, on-going
contact with both parents.
4
Child Custody
The Court in Texas must consider the best
interest of the child
Both parents are given the benefit of the doubt
and both parents are presumed to be interested in
protecting the child, until someone shows the
Judge that one or both parents do NOT have the
ability to act in the childs best interests or
have acted in such a manner as to endanger the
child.  This presumption in favor of a parent is
like the presumption of innocence in a criminal
case.  It is just there.  But, unlike a criminal
case, no one has to prove beyond a reasonable
doubt that a parent is not acting in the childs
best interest because the focus is on the child.
 And it is this standard that forms the basis of
my statement Both parents are equal until a
Judge decides they are not equal.   See my post
on Fathers Rights for more information.
5
Child Custody
What is best interest of the child?
The Texas Family Code requires the Judge to
determine what is in the childs best interest
but it does not define the term. Often times a
client approaches and says he or she wants sole
custody because it would be best for the child.
 But the reasoning given is because that parent
wants sole custody because  he or
she feels (fill in the blank here with whatever
basis or reasoning is given).  Feelings are not
evidence.  The parent asking to restrict the
other parents parenting time or authority must
objectively show the court that his or her
feelings are justified based on the conduct of
the other parent.  In other words, the Judge will
have no problem looking a mother straight in the
eye and saying your reasoning is not good for
the kids.
6
Child Custody
What does the court consider when making custody
decisions in Texas?
In the State of Texas, the best interests of the
child is the primary consideration when making a
ruling on a custody case (TFC 153.002). Some of
the factors the court may consider include The
preference of the parents, as to the
conservatorship (custody) of their child.  If
both parents who both love and know the child, as
well as what the child needs on a daily basis
can agree what is best for the child, a Judge who
has never met the child will rule
accordingly. The history of the care of the
child. Which parent has served as the childs
primary care-giver.
7
Child Custody
What does the court consider when making custody
decisions in Texas?
The interrelationships between the child and each
parent. The physical, mental, and emotional
health of the child. Whether or not the child has
any special needs, and which parent is better
equipped to meet those needs. The capacity of
each parent to perform parental responsibilities
and to protect and raise the child in a safe,
stable, loving environment. The ability and
willingness (or lack thereof) of each parent to
foster a relationship between the child and the
other parent.
8
Child Custody
What does the court consider when making custody
decisions in Texas?
Attorney Roy Reeves has 2 decades of experience
in helping the Judge see the facts and evidence
that demonstrate the best interest of the child.
 If you and the other parent can agreement on
custody, we offer unbundled legal services to
draft your orders and help you get them filed
with the Court.  Another option is to mediate
your custody issues.  Otherwise, you and your
children deserve an experienced family law
attorney who handles child custody and child
support cases in Collin County Texas, someone who
knows the political atmosphere in McKinney,
Texas, a family law attorney with offices in
Plano, Texas and McKinney, Texas that can
evaluate your case, give you advice based on 20
years experience in family law in Texas.
 Call Reeves Law Firm at 972-596-4000 to schedule
an appointment today.
9
If you have any Questions or Need Help.
Contact Us 
Reeves Law Firm, PC 5900 S. Lake
Forest Drive, Suite 300
McKinney, Texas 75070 Phone 
972-596-4000 Fax 
972-755-8726 Website https//www.planoattorney.n
et/