As a parent in Texas who is in the middle of a divorce, you have likely heard about the “best interest of your child”. Many important decisions are made with this as the guiding principle. But what exactly does it mean?
FindLaw takes a look into what aspects are considered by courts when they’re deciding what is in the best interest of a child. Some have to do with your interpersonal relationships. Others have to do with how the child will react to the environment they’ll be living in.
Regarding the child themselves, their age and sex are taken into consideration. Sometimes personal opinion is weighed as well, but this only applies if the child is at a certain age and able to understand the situation. Any possible special needs they have will also be considered, along with your ability to meet said needs.
For you or your ex-spouse, they’ll examine your family and personal history. This includes looking at your mental and physical health, as well as how you interact with your household. Instances of purported neglect or abuse will be looked into thoroughly.
Finally, the child’s potential future environment will be examined. This includes the opportunities they’ll be presented, such as the schools and jobs in their area. They will look at the stability of the home environment, your income, and your general ability to provide a life that is as comfortable and fulfilling as possible.
However, these are all taken into consideration by judges and courts, who do their best to remain impartial but are still human. This is why having proper representation is so crucial.