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How Texas determines the “best interests of the child”

Anytime you find yourself involved in a Texas child custody or visitation case, you will likely hear the term “best interests of the child” used frequently. At the Law Office of Brian Turner, we understand that judges typically consider the best interests of the child before making any decisions regarding custody or visitation, and we have helped many clients showcase that time spent with them is, in fact, in the best interests of their children.

According to the State Bar of Texas, there are a number of unique areas a Texas judge may consider when trying to determine whether a particular custody arrangement would, in fact, be in the best interests of the child. He or she may, if the child in question is of an appropriate age, take the child’s own wishes into account when making custody determinations, and he or she will often also consider whether the person seeking custody has the ability to emotionally and physically provide for the child’s needs.

A judge will typically also take into account the living arrangements of the person seeking custody, taking care to make sure that he or she has an adequate, stable space for the child to live. Judges may also delve into whether a proposed custodian has a sufficient understanding of the child’s developmental needs, considering also whether this person can readily accommodate them.

While these are some of the common considerations that often go into determining the best interests of a child in Texas custody cases, please recognize that this is not an all-encompassing list of all areas a judge may review or consider. You can find out more about custody and parenting time on our webpage.

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