3 Factors the Court May Consider When Making Child Custody Decisions

Although every parent involved in a child custody dispute would like to win, the decision ultimately lies in what would be in the best interest of the child. When determining the best interest of the child, the Court can take anything and everything into account. Specifically, the Court will look to the Holley factors, statutory factors, and case law.

Let’s explore a few of these factors a bit more.

Parent-Child Relationship

When making a decision regarding the custody arrangement between two parties, the Court may consider the desires of the child. Who does the child want to live with, and why?  If a child, for example, appears fearful or hesitant to live with a particular parent, this may indicate a greater issue that can impact the Courts decision. While other factors may be considered, such as a child’s age and ability to express their own desires, the goal is to protect the child’s mental, emotional, and physical health presently and in the future. Any sign that a parent may pose a physical or emotional threat to the child, is reason to inquire further and may potentially impact the Court’s decision.

For More Information:- all perfect stories

Advertisements

4 Reasons to Hire Attorney for Adoption Process in San Antonio

At a certain stage, every couple has a dream of starting a family, and it always gives you goosebumps when you see your child growing in front of you. When it comes to adopting a child, it is mixed emotions that range from super excitement to nervousness.  However, when you start with the adoption process, it makes you anxious, confused and stressed. Therefore, whether you live in San Antonio or anywhere else, it is always advisable to hire an experienced attorney.

gallery_medium

Let’s explore in detail why you must hire an attorney for adoption proceeding with the expert Lynette Boggs-Perez.

Consider All Options 

Whether a child is already part of the family, like a niece, nephew, or you’re planning to adopt a newborn there are a few different approaches for doing so. Therefore, to make the process simple and easy, hiring an attorney is a good idea as she will explain the various options, so you can choose the best one according to the situation. Not only this, a licensed attorney is capable enough to protect you from adoption scams as well.

Prepare, Review, & File All Required Documents

When it comes to the final process of adoption, it requires a considerable amount of paperwork. This is where an attorney plays a key role as she can prepare and file complete documents on your behalf. Your lawyer will help you with the contract you received from other parties, and will review them in detail and suggest reasonable modifications. An attorney will also inform you about the documents that are not legally mandated. For example, most people may not aware of that the terms of an open adoption agreement are not enforceable in a court of law.

Simplify the Proceedings from Start to Finish

Sometimes adoptions within families become difficult. As in most cases, the real parents of a child may not be ready to terminate their parental rights, which makes the process complicated. God forbid in case you face certain challenges like this in an adoption proceeding, an attorney is helpful. Your lawyer will take responsibility from the start to diminish common issues. If still, any problem does arise, a lawyer will resolve it to make the proceeding easy and quick.

For More Information: :- Medium

Lynette Boggs Perez | Avoid During Child Custody Proceedings

219753442-H

Needless to say, getting a divorce is a challenging task, but sometimes getting child custody is even more challenging. Due to stress, pressure, and fear of losing a child makes the process more stressful. And this is where most people make mistakes and lose custody.

According to experience attorney- Lynette Boggs-Perez, every parent should take care of these few things during child custody proceedings.

Giving preference to your interests above your children’s

In any family law proceeding, when it comes to child custody, ensure that your every decision consist of the best interests of your children. To build a strong and close relationship with your children, it is necessary to consider what is best and healthiest for them. Courts will also expect you to do the same. Suppose you have decided to relocate to a different city, make sure your children comfortable for a new life in a new city. In case they are not comfortable, you need to reconsider your options.

Having a short temper

Losing your temper will surely lessen your chances to win child custody. In custody proceedings, the topmost priority of family law is the best interests of children. Therefore, remember not to lose cool and prove that you possess the emotional stability and you can provide your child with good care with self-control.

Not working with your former spouse

During a divorce proceeding, it is better to open to negotiations with your spouse, as it saves considerable costs, time, and energy during custody proceedings. It will set a good impression in front of the court. How you behave and what you say in regard to your former spouse may also reflect your character in front of courts. Therefore, you should avoid sending negative emails, harassing your partner, or losing your temper while interacting with your partner.

New dating relationships

After getting a divorce anyone can start his new life with a new partner who may be a better fit. However, dating a person during a divorce proceeding may impact your child custody. If you are in a relationship with a new partner and your children are not ready to live with that person, then the court may not find it right to place children in a home with your new partner. According to Lynette Boggs, it is advisable for you to take some time from your new relationship and focus on your divorce and child custody proceeding.

For More Information:- All Perfect Stories

Things to Know About Child Custody Cases

Going through a divorce is definitely a challenging task, but the big challenge is often the battle over the custody of children.  In most cases, both parents are named joint managing conservators of the child or children.  The battle, however, is usually over the designation of which conservator will have the exclusive right to determine where the child will live.  Although  divorce is a frequent setting for these types of battles, they happen in all types of scenarios.  When a child is born to unmarried parents, there often can be custody battles and they often have a tie to a petition filed for child support or when one of the parents begins another relationship.  A custody dispute can also arise when the child has been left in the care, custody and control of a third party = such as a grandparent – and that individual files a lawsuit seeking to be named the conservator of that child or children.

Child Custody Cases

When both the parents (or relatives) are unable to make an amicable decision regarding the best interests of their child or children custody, they usually end up in court. Before filing a child custody case it is important to understand how the legal system actually works.   So, let’s find out a few best tips that can make you win a child custody case with the experienced attorney and mediator Lynette Boggs-Perez.

  • Child Custody Evaluations

In most cases in which there is a dispute as to which parent should be named the primary conservator of the child, the judge will likely order a Child Custody Study.  This study is conducted by a licensed social worker or child psychologist who will ultimately prepare a report for the court.  Hence, your lifestyle and home environment are something that will factor into the final decision by the judge.  If you’ve been an absentee parent and all of a sudden you start showing up to avoid paying child support is something that will be obvious to the child custody evaluator.  If you have other relatives living in your home, know that they too will be a part of this evaluation and the court will want to know if these other individuals have criminal and/or child protection backgrounds.  The cost of a child custody evaluation can run between $1500 to $2500 and are typically ordered to be split between the two parties involved in the custody dispute.

  • Older children can share their wishes with the judge

In Texas, children who are at least 12 years of age can have a say in where they live, but a judge does not have to follow the child’s wishes.  It is improper to assume or to tell a child they get to decide where they will live once they turn 12.  Once your child turns 18 and is a legal adult, then a custody order does not apply, and they can decide where to live.

The judge can’t interview the child in chambers in a jury trial on the issue of which parent should decide where the child primarily lives.  In a non-jury trial, it is up to the judge to decide whether or not to permit the attorneys to be present at the interview.  If either party requests, the judge must have a court reporter in the judge’s office to record the interview with the child.  The parents are not allowed in the judge’s office during the interview.

For More Information:- Lynette Boggs Perez