Best Interest of the Child

When it comes to child custody disputes in Texas, the court’s primary concern is always the best interest of the child. This means that the judge will consider a variety of factors in order to determine what is best for the child, including:

• The child’s physical and emotional needs;
• The ability of each parent to provide for the child’s physical, emotional, and developmental needs;
• The willingness of each parent to encourage a positive and ongoing relationship between the child and the other parent;
• The stability of each parent’s home environment;
• The child’s relationships with siblings, extended family members, and other important individuals in their life;
• The child’s preferences (if they are old enough to express them);
• Any history of domestic violence, abuse, neglect, or substance abuse by either parent.

It’s important to note that the court does not automatically give preference to one parent over the other based on factors like gender or income. Rather, the focus is on determining what will be best for the child in the specific circumstances of the case.

In order to ensure that the best interest of the child is served, the court may order one or both parents to complete parenting classes or counseling, or may appoint a guardian ad litem to represent the child’s interests. Additionally, the court may order the parents to submit a parenting plan that outlines how they will share custody and make decisions regarding the child’s upbringing.

Ultimately, the goal is to create a custody arrangement that allows the child to maintain a meaningful relationship with both parents while also providing for their physical, emotional, and developmental needs. This can often be a difficult and emotional process for everyone involved, but it’s important to remember that the well-being of the child is always the top priority.

Are you needing assistance with a Child Custody suit in Collin, Denton or surrounding counties?  The Frisco, Texas Child Custody Lawyers at Ridgely Davis are here to help.  

Child Custody Disputes and Litigation

When it comes to child custody disputes in Texas, the court’s primary concern is always the best interest of the child as discussed above. This means that the judge will consider a variety of factors in order to determine what is best for the child.

It’s important to note that the court does not automatically give preference to one parent over the other based on factors like gender or income. Rather, the focus is on determining what will be best for the child in the specific circumstances of the case.

In order to ensure that the best interest of the child is served, the court may order one or both parents to complete parenting classes or counseling, or may appoint a guardian ad litem to represent the child’s interests. Additionally, the court may order the parents to submit a parenting plan that outlines how they will share custody and make decisions regarding the child’s upbringing.

Ultimately, the goal is to create a custody arrangement that allows the child to maintain a meaningful relationship with both parents while also providing for their physical, emotional, and developmental needs. This can often be a difficult and emotional process for everyone involved, but it’s important to remember that the well-being of the child is always the top priority.

Are you needing assistance with a Child Custody suit in Collin, Denton or surrounding counties?  The Frisco, Texas Child Custody Lawyers at Ridgely Davis are here to help.

Alternatives to Litigation

In some cases, traditional litigation may not be the best way to resolve a child custody dispute. There are alternative dispute resolution methods that can help parents come to an agreement without going to court. These methods include:

• Mediation: Mediation is a process in which a neutral third party, called a mediator, helps parents come to an agreement on custody and visitation. The mediator does not make decisions for the parents, but rather helps them communicate effectively and find common ground.
• Collaborative law: Collaborative law is a process in which each parent has their own attorney, and the parents and attorneys work together to find a resolution that is in the best interests of the child. The goal of collaborative law is to avoid going to court and to come to an agreement through open communication and negotiation.
• Arbitration: Arbitration is a process in which a neutral third party, called an arbitrator, hears evidence from both sides and makes a decision on custody and visitation. The decision of the arbitrator is usually binding.

These alternative dispute resolution methods can be less stressful and less expensive than going to court. They also allow parents to have more control over the outcome of their case, rather than leaving the decision up to a judge. However, it is important to note that these methods may not be appropriate for all cases. If there is a history of domestic violence or abuse, going to court may be necessary to ensure the safety of the child.

If you are facing a child custody dispute, it is important to speak with an experienced family law attorney like the child custody lawyers at Ridgely Davis Law in Frisco, Texas serving Collin, Denton, Dallas and surrounding counties, who can help you determine which dispute resolution method is right for you and your family.

Future Changes:  Modifying Child Custody Orders

 Child custody orders are meant to be in effect until the child reaches the age of majority. However, sometimes circumstances change, and the original child custody order is no longer in the best interest of the child. In these cases, it may be necessary to modify the child custody order and in doing so you can Modify Child Support and Modify the Child Custody Terms.

To modify a child custody order, the requesting party must prove that a material and substantial change in circumstances has occurred that affects the best interest of the child. This is a high standard to meet, as courts prefer to maintain stability and consistency in the lives of children.

Examples of material and substantial changes in circumstances include a parent’s remarriage, relocation, or job loss, as well as the child’s changing needs or the discovery of new information about a parent’s fitness. It’s important to note that the change must be significant enough to warrant a modification of the child custody order.

If a material and substantial change in circumstances has occurred, the requesting party must file a motion to modify the child custody order with the court. The court will then hold a hearing to determine if the modification is in the best interest of the child.

It’s important to work with an experienced family law attorney & child custody lawyer like those at Ridgely Davis Law in Frisco, Texas if you are considering modifying a child custody order. Your family law attorney can help you understand the legal requirements for modifying the order, as well as prepare and present your case to the court.

Remember, the best interest of the child is always the primary concern when it comes to child custody orders. Modifying an existing order can be a complex and emotionally charged process, but it’s important to focus on the well-being of your child and work towards an arrangement that is in their best interest.

At Ridgely Davis, our experienced Frisco, Texas Child Custody Lawyers serving Collin, Denton, Dallas and surrounding counties are passionate about fighting for our clients to advocate for their views and desires on what is best for their child.  Schedule a Free Case Evaluation to learn what we can do for you.

Get Trusted Child Custody Lawyers in Frisco, TX, on your side

Child custody battles can be emotionally draining for both parents and children involved. It’s important to remember that children’s best interests should always come first, as they are the most important consideration in any custody arrangement. While the legal system can be complex and difficult to navigate, the skilled Child Custody Lawyers at Ridgely Davis Law can help guide you through the process and ensure that your rights and your child’s interests are protected.

Remember that communication, cooperation, and compromise can go a long way in resolving custody disputes, and alternative dispute resolution methods such as mediation or collaborative law can be a more effective and efficient way to resolve custody disputes than litigation.

At The Ridgely Law Firm, our experienced Family Law, Divorce, and Child Custody Lawyers understand the nuances of Texas child custody law and are dedicated to helping parents and families achieve the best possible outcomes for their children. Contact us today to schedule a consultation and see how we can help you navigate the challenges of child custody disputes.