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What is the better parent standard regarding child custody?

On Behalf of | Oct 22, 2021 | Child Custody

There are so many issues for parents to iron out when they have made the decision to divorce. One of the most important decisions Texas couples must make concerns child custody. If the end of the marriage comes with contentious issues, it could mean that one parent (or both) are fighting for sole custody of the children. If that is the case, a parent must be prepared to provide evidence the children are better off with him or her rather than the other parent, and that proof is measured using the better parent standard.

The judge needs solid proof

A judge will always make decisions based on what he or she believes is in the best interests of children. Most family court judges believe children do better in a shared custody situation, but that’s not always possible. In seeking sole custody, one parent is asking the court to prevent the other parent from taking care of the kids after the divorce is final. The burden of proof is heavy on the parent fighting for sole custody.

How does a judge decide?

As indicated, a judge will decide what is best for the children by looking at all the evidence. A judge wants to see that the kids would have a better life in the care of one parent rather than both. Judges want to see documents proof of any claims such as mental health issues, substance abuse issues, domestic violence and anything else showing the children would be in danger with the other parent.

It’s not easy to fight for sole custody. It may be necessary to get the help of a Texas attorney with experience in child custody cases. The more a parent understands what he or she needs to provide and do in court, the better position he or she is in for a desired outcome. Understanding the better parent standard may prove invaluable for providing the right evidence in court and achieving the best possible results during a custody battle.

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