How Child Custody Decisions Are Made During Divorce.

Child custody questions can be a very touchy topic when it comes to divorcing couples. The question of where will the child live primarily, if not with you then what involvement will you have? Maybe you’re a grandparent or close family relative, and you’re wondering what your rights are if any. Knowing how courts come to these decisions can be helpful when trying to understand your rights in a custody situation.

Parents Decisions

As the parent of your child, you may already have questions about how child custody works in a divorce. Like the rest of your divorce, this depends on you and the relationship you have with your spouse to communicate and make decisions. Your Child's custody will either be decided by an agreement between you and your ex-spouse, with the help of qualified attorneys and mediation, or decided by a family court judge if you cannot agree.

While it’s always best to come to these agreements outside of a court hearing, sometimes this cannot be avoided. In that case, a hearing before a family court judge will be held, and the judge will decide in the best interest of the child.

Unmarried Parents

In many states, if a couple is unwed, the mother is awarded sole physical custody, unless the father pursues custody through a court action. It’s important to know your state laws in this case and hire a family law attorney to help you.  

In the same manner, unwed couples in a custody situation can resolve the decision with a custody agreement out of court, or in court with a judge making the decision. Family courts will make a decision based on who is the primary caretaker of the child, and the child’s best interests.

Non-Parent Custody

States have very specific laws in the case of a nonparent seeking custody such as a grandparent, aunt or uncle, or close family friend. If you are in this situation it’s best to apply for counsel from a qualified attorney to help you petition the court.

For Legal Help

The Law Office of Lauren Cain is an experienced family law firm. They can walk you through the Texas child custody laws, and protect your rights in a custody case. Contact the Law Office of Lauren Cain, at (214) 234-2622, today for a consultation to discuss your divorce and custody questions.

Related Posts
  • Preparing for Your Child Custody Case Read More
  • How Is Child Custody Awarded in Texas? Read More
  • Child Custody Agreement Or Trial Read More