(512) 528-1900
Child custody

How is Child Custody Decided in a Divorce?

Posted by brian on July 10, 2018
Children are often affected by Child Custody Decisions made due to the lack of a professional lawyer

Child custody is granted by the court during a divorce. There are two options for child custody -joint and sole. In joint custody, both parents have equal rights in the child’s physical and legal decision-making. When sole custody is granted, only one parent makes the decisions. Physical custody includes the day-to-day activities and where the child will live. Legal authority includes areas such as education, medical care, and religion. It is possible for both parents to divide legal authority between themselves. However, if the separating parents can’t agree on any arrangement, there are certain things a court would look at to make the final decision.

Child Stability

In a child custody case, the court determines who would offer the most stable home by evaluating a few factors. This process is called ‘determining the best interest of the child’. It considers who would provide the best care for the physical and emotional needs of the child. A judge decides who has the most stable home environment. He considers the child’s adjustment regarding school and extracurricular activities. The court evaluates relationships with siblings and other parts of the family.

The Unfit Parent

The courts consider if a parent is determined to be unfit. There are many elements that are reviewed when someone is not capable of performing parental duties. Past charges of child abuse can make a parent unfit by the court. A long criminal history is information that the courts may use to decide that living with a parent is not the best decision for the child.

Do You Need an Attorney?

If you’re going through a divorce, we understand it can be a difficult time and without the professional legal advice of a Divorce Attorney such as Justin Jackson, you are likely to lose the battle against your partner. Attorneys know the court system well and can help you gain or keep guardianship of your child. Contact The Jackson Law Firm in Cedar Park, TX for help with your case today. We will review your case, and if you decide to work with us we will create a legal plan to get you the best possible outcome in this difficult time.

If you are interested in learning more about our Divorce Attorney in Cedar Park, TX, please visit our site.

Related Articles

A young girl listening to her divorcing parents argue about child custody

How Does a Judge Decide Custody?

Parents are always encouraged to settle their differences in the best interests of any children without involving the court system. When this is impossible, the decision will be made by a judge. Many factors are involved, and a number of solutions can be considered. Our Round Rock Child Custody Lawyers at The Jackson Law Firm […]

Image of a map showing relocation from one home to another

What is Relocation and Child Custody Modification?

In divorce cases, there are times when the parent who has legal custody of a child will want to relocate out of the geographical area that the parties live in. That may or may not be agreed upon. One thing that’s for certain is that they can’t just get up and go. A court order […]

Leave a Reply

Your email address will not be published. Required fields are marked *