Divorce is usually one of the major reasons why a parent or even a close relative will try to get custody of a child. This is an emotional and difficult process for both parties and most importantly, the children. Every child custody decision should be for what’s best for the kids. Even though parents may be able to work it out on their own, it is still best to hire one of the best Houston child custody attorneys and have this agreement approved by the court.
Getting Child Custody
When parents file for divorce or if they happen to have children outside of marriage, getting custody is one of the most important things to settle. And this is expected to be a very difficult process for all individuals involved. That is why getting custody of your child will need you to have a better understanding of the factors that the family court considers.
Important Factors to Consider
A court will be the one to decide on what’s best for the child. And one of the most important factors to consider would be the financial and physical abilities of a parent to provide for the child. A parents’ medical, mental, and physical history will also be looked at. The court will also determine the emotional bond between parent and child and what both parents want to agree upon. And when the court verifies these factors, the child will most like to go to the parent who has a stable household.
Who Gets Custody? Mother or Father?
In the past, custody of young children is automatically given to the mother once the parents file for divorce. But this rule has been phased out in most states these days. And provided that all factors have been considered, courts usually award custody to the parent who would be best for the child. Judges now decide based on the situation of the child and the family in general. With that, both men and women now have equal rights to fight for the custody of their children.
Child Custody To Both Parents
Some parents are scared that custody will only be awarded to one parent. But that is not always the case. These days, it is common for the court to award partial custody to both parents involved. This is where physical custody and legal custody comes in.
- Physical Custody. This is when the court orders the child to spend time with both parents for the entire year.
- Legal Custody. This is when the court grants only one parent with full physical custody. Still, both parents decide on whatever that would impact the well-being of the child.
Getting child custody is not going to be easy. It will be both emotionally and financially draining for both parties. That is why the sooner an agreement is settled, the better. Now that you are facing the situation, this information can help you prepare yourself for whatever decision the judge will give you.