Preserving Families

And Protecting Assets

mother and two kids walking at sunset

What is the better parent standard regarding child custody?

Divorcing parents have many important decisions to make. There are typically several child-related matters to sort out, and a major one is child custody. Texas parents going through the divorce process who are fighting for sole custody of their children should know that the court will ask each parent to give solid evidence the children would be better off with him or her, rather than with the other parent. This is referred to as the better parent standard.

Judges will look for clear and substantial proof

The court places the burden of proof on parents who are fighting for sole custody of their children. The reason for this high standard is because joint custody is typically the preferred arrangement in family courts. Parents seeking sole custody must show the judge how they can better take care of the children than their former spouse.

How does a judge make the final decision?

A judge will always make a decision based on what he or she feels is in the best interests of the children. A judge will need to see that the children would benefit more by being in the care with one parent as opposed to both. Documented proof is necessary for any claims that the children might be in danger if left with the other parent. A judge will want to know if there have been incidents of violence and abuse, including substance abuse.

A family court judge will weigh all evidence in child custody matters before making a final decision on the type of formal arrangement. When Texas parents know what to expect and what to provide to the court in these situations, they may be in a much better position to achieve their desired outcome. An experienced family law attorney can guide a divorcing parent though these challenging times, ensure the parent’s rights are protected and help fight for the future best interests of the children involved.