Marriage is not always a bed of roses. Sometimes, life happens, and couples separate due to irreconcilable differences and other issues. For couples with children, the issue of child custody is yet another aspect that must be settled alongside divorce.
In an amicable divorce, the parents usually agree on a co-parenting plan that works best for the children. However, the court will step in and impose a custody order when there are allegations of domestic violence. Courts will also decide on custody matters for couples involved in a bitter dispute.
Types of Custody
Before delving into the factors that affect custody orders, it’s important to understand the two different types of custody:
- Physical Custody: This is the common concept of custody. Physical custody simply means the parent still gets to live together with his/her children after the divorce. If you have full physical custody of your child, you can be with them 24/7. However, the court may also grant your ex-partner visitation rights or scheduled weekends.
- Legal Custody: Most people don’t realize that custody also includes the right of a parent to make decisions for their child’s overall well-being. This includes decisions regarding education, healthcare, and even the child’s enrichment activities. This is what legal custody is all about.
Both types of custody may be shared or given to one parent alone. However, they can be mutually exclusive. You and your ex might share legal custody, but this does not automatically mean you’ll equally share physical custody too.
What Does the Law Say About Child Custody?
Before anything else, the law presumes that both parents have an equal right to the custody of their child. In other words, you and your ex can split physical custody equally and exercise joint legal custody. If that is not feasible, the court will have to make a decision. In that case, Texas law follows the “best interest of the child.” This means that the law looks at the child’s best interests to settle custody issues. Many jurisdictions adhere to this rule as well.
Factors That Determine Custody
Determining custody is not as easy as it sounds. The court will not just ask the child which parent they prefer and go with the child’s decision without question. Children are still not capable of making informed decisions as adults do. Aside from that, a dominating parent can manipulate the child’s preferences. Therefore, the court has to rely on other factors to determine the “best interests” of the child. This includes:
- Financial Stability
Raising healthy and well-rounded kids requires parents to spend substantial money. Necessities like food, milk, clothing, and decent shelter cost money. The cost of education, healthcare, and enrichment activities like piano lessons and dance classes can quickly add up too.
All that considered, it’s logical to grant custody to the parent who is financially capable of providing for the child. For this, the court will investigate the parent’s income source and profession. They might even look into your financial habits and credit history. This happens if your divorce includes allegations of gambling problems, addiction, and debts.
If you have a stable job or a thriving business, you’re more likely to be granted custody of your child. Conversely, the court might not grant custody if you are unemployed or rely on a low-paying job that may not be sufficient to meet your child’s needs.
- Home Life Stability
While money certainly plays an important role in determining custody, it is by no means the only consideration. As you probably already know, parenting is not just about providing children with their needs and wants. It is also about giving them time, attention, and proper guidance.
So, aside from financial capability, the court will also determine which parent can give the children a structured home life. This is very important, especially for children still in their formative years.
The court will assess if you can establish a consistent routine. This also involves your ability to monitor the development and conduct of the child. The court will also examine your lifestyle and determine who can provide a more nurturing home environment.
This is usually the reason why physical custody is not always shared equally. If money is not a concern, a parent’s job may keep them too busy to give their child any attention. If your business requires you to travel to different places, this would tell the court that you’ll have difficulty supervising and nurturing the children.
- Relationship History
While the law presumes that parents are entitled to child custody, some things are just non-negotiable. This includes cases of domestic violence and neglect. A parent with a history of abusing and neglecting the child will most likely not get custody. This covers not just physical abuse but also mental and emotional abuse. If you have separated from your spouse due to domestic violence, you can raise that fact in court to prevent them from getting custody.
- Personal Conditions
Even without a history of abuse or violence, a court can still decide not to grant custody. This usually happens when a parent is mentally unstable or psychologically incapacitated. Physical and medical conditions can also affect a parent’s chances of getting custody. Other possible reasons for denying custody can include drug or alcohol abuse, criminal record, and a lack of moral responsibility or good judgment.
Reminder: This is not an exclusive list. Every couple faces unique problems, and the court might take special considerations in each case. For that, it might be best to consult a lawyer who can personally assess your situation.
Questions to Ask Your Family Law Attorney
Consulting a family law attorney is a good step. The following questions can help make your discussion more fruitful:
- Can an abusive ex-partner be given custody rights?
It is difficult for parents with a history of domestic violence to convince the court that they are entitled to custody. They might, however, be granted visitation rights under certain circumstances. Let’s say in a case where the ex-spouse is an abusive drug addict. The court may grant visitation rights if the parent has undergone rehab and intervention programs. But if you’re still uneasy, you can request the court to grant your ex-spouse supervised visitations instead.
- We already have a court-ordered custody arrangement. Can we still change it?
When needed, custody orders may be modified. You can ask for modifications if the needs and preferences of your child have changed. However, you do need to file a request with the court. When your children are old enough to decide for themselves, they may want to live with you. They may also want to live with you to be closer to school. You and your ex may agree to a new arrangement, but it’s best to seek the court’s approval to be safe.
Changes in your personal circumstances could also be a good reason to seek modifications of child custody orders. This includes major life events such as job loss, promotions, financial problems, and medical conditions.
- What should I do if my ex-partner refuses to comply with the custody order?
There’s always a lot of tension between divorced couples, especially when the split is not amicable. As a result, some parents would go too far and disregard the custody ruling. An illustration of this is when your ex forbids you from spending time with the kids during a scheduled weekend.
When this happens, try to communicate with your ex first. They may have just been dealing with personal matters that prevented them from complying with the custody order. Urgent work matters, business trips, or professional appointments might have overlapped with the custody schedule.
However, if you sense that there is a pattern of refusal, then filing for contempt might be in order. It’s best to talk to a family lawyer who can explain the legal consequences of ignoring a court-ordered custody arrangement.
Trust the Law Firm of Chad Zubi
Divorce and custody are sensitive matters. Dealing with complicated court processes is probably the last thing you want in these situations. Hence, choosing a lawyer with a comprehensive understanding of the family law system is important.
The family law attorneys at The Law Office of Chad Zubi have extensive experience in handling custody issues. This also includes related matters such as divorce and support. Whether you need assistance creating a co-parenting plan or require legal representation in custody hearings, you can count on the attorneys at The Law Office of Chad Zubi to provide you with competent legal assistance.
