What Is the "best Interest of the Child Standard"?

For parents, one of the most difficult aspects of getting a divorce can be the uncertainty of child custody. After all, how can you possibly get a good night's sleep when you have no idea where your child will end up, or with whom? There's no denying the validity of these fears and worries; however, it may help alleviate some of your stress to know that these concerns are equally important to child custody judges.

Indeed, your child's welfare is so important that in Texas, any case involving a minor child will be decided by applying the "Best Interest of the Child" standard. This principal looks at all the facts in a case and requires judges to choose an outcome that will serve the child's long-term health and welfare the best.

"Best Interest of the Child" Standard: 101

The "Best Interest of the Child" is a legal standard that requires a judge to choose the verdict that will uphold a child's long-term health and wellbeing the best, essentially making a child's welfare the driving force behind every decision. This is a fairly universal standard in the legal arena, acting as the governing principle in family law courts across the United States—including Texas, where it is used any time a minor child is involved in a case.

Texas's Child Custody Policies

Before getting into what factors go into deciding a child's best interest, we first have to review some of Texas's long-standing policies. The Texas Family Code requires judges to make decisions that will: ensure a child has frequent and continued contact with both parents whenever possible; ensure a child has a safe, stable home that is free from abuse, neglect, and violence; and enable both parents to share custodial rights and responsibilities once they are divorced or separated. What these policies tell us is that a child's best interest is served when they are allowed to have a relationship with both parents, whenever possible.

Determining a Child's Best Interest: Analyzing the Facts

When determining custody, some of the facts a Texas judge might consider include: the child's wishes; the child's physical and emotional needs; the child's relationship with each parent; any history of emotional or physical abuse; each parent's ability to care for their child; each parent's ability to provide a stable home; and each parent's attitude towards upholding the other's visitation and custody rights. Nowhere in that list are a parent's wishes considered—and that is purposeful, because when it comes to custody, Texas courts don't care what you want; their only concern is what's best for your child.

You're the Parent, You Can Decide

If you're frustrated by this "best interests" chatter, we want to point out that you are not required to use the court to solve your problems. When it comes to determining the best interest of your child, you as parents are always free to draft your own agreement—either on your own or through an alternative method of dispute resolution such as mediation or collaborative divorce. These options are more flexible, faster, and less expensive than traditional divorce litigation.

Do You Need Help with Child Custody in Texas?

Child custody disputes are hard. Luckily, Texas courts want what's best for your children, too, so it doesn't have to be as stressful as you might be thinking. For more questions about the Best Interest of the Child Standard, and how Texas courts apply these guidelines during custody disputes, we want to hear from you. Call us today at (972) 436-8000, or schedule a consultation online, and let us help ensure your child's best interests are met.