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Ending a relationship with divorce can be worse for a couple, but it can be even harder for the child who is there to make the relationship stronger. Any kind of separation that involves a child would lead to a custody fight and a subsequent child custody agreement.
Most of the time, parents mutually agree to a child custody agreement. Most commonly, the Texas child custody agreement would detail child visits, living arrangements, conditions, who would be the legal decision maker, and meetings with friends and family. A child custody agreement is usually informal and part of an out-of-court settlement, keeping the best interests of the child in mind.
There is no doubt that children are most affected by divorce. They not only get scarred emotionally but they are psychologically jolted for life. Parents should make a divorce as friendly as possible so the child will be affected less. This might not sound ideal, but it is vital for the mental health of the child. During any agreement, the interests of the child should be held paramount. Everything in the agreement should be finalized by keeping the child's best interest.
Before starting to give the agreement a shape, it is recommended that both parents look at their child custody rights. These rights can be easily found online, or your lawyer can hand them to you. Understanding these rights is extremely important before any child custody agreement is implemented. After several lengthy discussions between the parents and their respective lawyers, most custody agreements are penned. Custody agreements usually presented in the court are born after realistic and fair discussions.
A court keeps the best interest of the child at heart in any agreement. It judges what happens to the child after the parents are separated. The court sees the following points in an agreement, keeping the child’s interest at heart.
- Any sort of former history of abuse or violence involving the child
- The age of the child and the medical condition or current health
- School and community ties of the child
- Emotional ties to any of the parent
- The parents and their capacity to provide for the child financially
- The social life of the parent
- Finally, the choice of the child
During an agreement, the kinds of custody are also discussed. Physical custody and legal custody are two of the most common. The major types of agreements that can take place between the parents include joint custody, shared custody, and primary physical and split custody. During the agreement, the parents and the court can decide which type of custody they want.
Parents often find it difficult to agree on any sort of child custody agreement. However, if and only if they keep the safety of the child in mind and make every effort to make the separation amicable, then reaching an agreement on child custody can be easy.
Texas Child Custody Guidelines for Unmarried Parents
One of the hardest things for parents to deal with in a custody battle is fear of the unknown. Most people enter a custody dispute without experience in family law, which can make the entire process stressful for more reasons than necessary. To ease some of these anxieties, we have provided some basic custody guidelines that the courts use to decide.
Availability
Judges want to ensure that the custodial parent has plenty of time to properly nurture their child and promote their development. They will take into account the nature of each parent’s career and the average number of hours they work in a typical week. Business-related travel is another factor that will be measured against parental availability.
Prior Involvement
The court system has always utilized the previous behavior to predict future trends, which also applies to child custody. The judge will seek a consistent pattern of involvement from potential custody candidates. This includes evidence of participation in the child’s educational, social, and physical development.
Positive Reinforcement
One key to raising a healthy and well-rounded child is maintaining a positive environment for that child to grow within. This encompasses things like supporting the decisions of the other parent, eliminating outside distractions, and supporting the interests of the child. From a custody angle, the ideal guardian would provide a situation free from negative influences and unnecessary stressors.
Strong Character
Because children are so heavily influenced by the environment that they grow up in, the court heavily scrutinizes the character of each parent. Prior instances of substance use, prolonged unemployment, and infidelity can all be detrimental to a custody appeal. The goal of a custody judge is to place the child with a parent who can teach leadership and responsibility by example. Thus, the ideal candidate would display strong character attributes across the board.
These are just some guidelines the court system uses in determining child custody cases. There are other variables, such as finances, that play into the decision as well. However, other factors are considered quantitative, meaning other methods, such as child support, can supplement them. The primary consideration is how the parent promotes the child’s development. This involves time spent with the child, creating a positive environment for the child, and serving as a role model by example. Concentrating on these characteristics is the best thing for custodial candidates to concentrate on.
Knowing what the judge is looking for and how to present your strengths is the best way to win child custody.