Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
HLA
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College

What Does the Best Interest of the Child Mean In Custody Determinations?

Custody Letters
Source: Canva

When it comes to divorce, each and every decision encompassing the children will be made with the child's best interests in mind. What does this mean for you and your children, and how do you feel about it? Because each family is as distinct as the individuals involved, the decisions made by the court can range widely, from an order for shared custody to a restriction on access to the children, as well as a range of support payments made to the other parent. In addition, children of varying ages have a wide range of needs, and decisions about child custody will be made according to the standard of the child's best interests, which will be applied in all cases.

When parents or judges make parenting decisions, the law states that they can only consider what is in the best interests of the child in question. This means that they can only consider what is best for the child, rather than what is best for the child's parents or guardians, when making decisions.

On the most fundamental level, the best interests of the child are exactly what they sound like. In place, is the child the safest, most stable, and healthiest place to live? In some instances, this is straightforward to determine.

It is obvious which parent should be chosen when one parent has a stable job, and a stable home and the other has a long history of neglect and abuse.

However, not every situation is as straightforward. In situations where both parents are loving, well-adjusted, and capable of providing a dependable, wholesome environment, defining and determining the best interests of the child can be more difficult to determine.

A number of factors are taken into consideration when making this decision. In fact, they use pretty much anything that they deem relevant in their discussions.

These include:

  • The child's age and gender
  • Each parent has a variety of educational options and resources at their disposal.
  • The stability of each parent's home is of great importance.
  • Each parent's income and financial resources are listed.

In order to be in the best interests of a child, an agreement or order must ensure the child's psychological, physical, and emotional safety and well-being. For lack of a better phrase, the law states that the essential thing is to ensure the health and safety of the child. In this matter, hiring an attorney who is well-versed in child custody laws will assist you in achieving your objective.

Even if you believe you know what is in your child's best interests, the court would have the last say in the matter. Therefore, working with an attorney is the most effective way to child’s best interests express your concern regarding your child's well-being and work within the restrictions of the court system. If you haven't already hired an attorney, you can get started by looking for a qualified child custody lawyer like in Thornton Esquire Law Group.

Client Reviews
★★★★★
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
★★★★★
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
★★★★★
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.