Parents who wish to separate from one another often find themselves in a tough situation: They want to divorce, but they know that doing so could be damaging for their children and may result in them spending spend less time with the children. The best thing that parents can do in this situation is to commit to working together to prioritize the needs of the children and reach a custody arrangement that works well for everyone.

Unfortunately, it does not always work this way. In fact, hurt feelings can result in spouses being uncooperative or even acting out against one another. When this happens, a judge’s opinion regarding a custody arrangement may be influenced.

How a Court Makes a Determination About Child Custody

Couples who are separating and have children are strongly encouraged to work together to reach an agreement about child custody and visitation. Should an attempt at compromise fail, the case will be brought to the court, which will ultimately issue a custody decision to which both parents must adhere.

In order to make its decision, the court will consider the best interests of the child. In order to determine the child’s best interests, the court will look at the following factors:

• The wishes of the child;
• The emotional and physical needs of the child;
• Any dangers to the child;
• The parental ability of the custody-seek party;
• Any history of abuse;

The court reserves the right to consider any factors that it may find relevant, including the willingness of each parent to foster a loving relationship between the child and the other parent. If the court finds that one parent’s actions toward the other are significant enough to impair the best interests of a child, they may favor the other parent in a custody determination.

How You can Improve the Outcome of Your Child Custody Case

When you are fighting for custody of your child, you should be on your best behavior; you want to show the court that you are composed, mature, and capable of ensuring that your child’s needs are met. When you act badly toward your spouse, you demonstrate a lack of control, lack of maturity, and a lack of commitment to helping your child and your spouse maintain a positive relationship moving forward.

Our Family Law Lawyers can Help

We know that understanding the different factors that the court is looking at and how to improve the outcome of your child custody case can be confusing. We also know that navigating a child custody case can be emotionally challenging. When you work with our Texas child custody lawyers at the law office of Scott M. Brown & Associates, we will guide you through your rights and your options and advocate for you. Please call us today for an initial consultation and to learn more.