Suddenly having a court involved in the parenting of your children because of a divorce or child custody case feels invasive and scary. Especially for a parent who has been the primary caregiver for the children, being ordered to share those responsibilities (and joys) with a less involved parent can feel wrong. One of the issues our family law attorneys see in these cases is a misunderstanding of how the courts view these issues and the structure of the orders the court can issue to govern the lives of children.
The secret to being successful as a parent in cases involving children is simple. Exhibit two behaviors that judges love to see: putting the best interest of your children even before your own and demonstrate efforts to co-parent well with the other parent.
The three most basic principles involved in court intervention in the parenting of children are:
- The fundamental, Constitutional right of parents to control the lives of their children and the traditional presumption that a fit parent will act in the best interests of a child; Troxel v. Granville, 530 U.S. 57, 61 (2000).
- The standard applied to almost all court rulings involving the children in Texas, which is “the best interest of the child.” Texas Family Code 153.002; and
- The public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. Texas Family Code 153.001.
Texas courts use a framework of three issues in cases involving children:
- parental rights and duties,
- possession and access of each parent with the children, and
- child support/health insurance.
Parental rights and duties involve the fundamental decision-making powers parents exercise about the children. How a judge rules on these issues often determines the outcome in the other issues. But because of inflammatory concerns related to the other two issues, parties to cases involving children often overlook their rights and duties. In Texas, three of these parental rights and duties lead to the majority of disputes – the right to determine the primary residence of the children (where they live), the right to enroll the children in school, and the right to make healthcare decisions for the children – including psychological treatment.
Possession and access to the children is essentially the “parenting time” each parent will have with the children. Traditionally in Texas, one parent had the children most of the time and the other parent had “standard possession.” The recent trend – both in the legislature and the courts – is to move towards equalizing parenting time in situations involving two fit parents. Even in cases where one parent’s behavior has created a situation in which it is best for the children to be away from that parent for a time (e.g. substance abuse, inappropriate behavior, inappropriate relationships), judges usually impose conditions allowing that parent to “step up” their parenting time with the children if the parent’s situation improves.
In many cases, child support often causes heated controversy. Ironically, even parents who would think nothing of sending their children to sports camps costing tens of thousands of dollars are unhappy with a judge “forcing” them to pay for the children’s most basic needs. The legislature and courts have responded to this by stricter enforcement tools to ensure children’s needs are met – many a child support denier has spent 180 days in a county jail. On the other hand, a parent showing willingness to pay child support regardless of how the other issues are decided will often receive more parenting time and decision-making power.
Understanding the complexities of child custody can feel overwhelming, but you don’t have to navigate it alone. At Goranson Bain Ausley, our family law attorneys are dedicated to helping parents make informed decisions that prioritize the best interests of their children.
Whether you’re facing challenges related to parental rights, possession and access, or child support, we are here to provide guidance tailored to your unique situation. Contact us today to learn more about how we can support you in achieving the best possible outcome for your family.
