Strategies For Success Before Divorce Proceedings

In this article, you can discover:

• Why tracking time spent with your child is beneficial for custody arguments in divorce.
• How testimonies from teachers and family members impact child custody decisions.
• The significance of both parents’ presence in a child’s life according to court considerations.

Should A Parent Track The Time Spent With Their Child Before Filing For Divorce?

In the period leading up to a divorce, it is indeed beneficial for a parent to track the time spent with their child. This practice can be particularly helpful when one seeks to argue for increased child custody or visitation rights. However, it is not always feasible or realistic.

In some cases, a parent may not foresee the divorce and thus fail to track their time accordingly. Most parents don’t engage in such detailed tracking unless they’ve consulted with an attorney and understand its importance.

The critical aspect is to provide accurate information to your attorney about the current custody arrangement and your goals for the future. This approach allows for a realistic assessment and proposal to the court. It is essential to recognize that while tracking time can be beneficial, it is not always practical.

The Texas Family Code, for instance, presumes that non-primary parents should have a standard possession schedule, which may already provide significant contact with the child. Factors like the age of the child and the home environment, including any allegations of domestic violence, are also critical considerations in custody decisions. The court assesses all factors collectively, with certain aspects carrying more weight depending on the case specifics.

Can Testimony From Friends, Family, Or Teachers Be Used To Prove The Best Interests Of The Child?

Testimonies from friends, family, teachers, and others can be instrumental in demonstrating a child’s best interests. However, the quality and relevance of these testimonies are crucial.

Redundant testimonies, which do not add substantial value to the case, should be avoided to not waste court time. Instead, testimonies should be selected for their ability to provide specific, relevant insights into the parenting abilities and the child’s needs.

For example, a teacher’s observation about a parent’s responsiveness to a child’s needs can be more impactful than generalized statements of good parenthood. The goal is to complement other evidence and arguments with testimonies that offer concrete examples of parental care and involvement.

Does The Court Consider Both Parents Being Equally Present In The Child’s Life To Be Ideal?

The legal presumption generally favors the involvement of both parents in a child’s life, considered to be in the child’s best interest. This presumption extends to preferring parental custody over other relatives, like grandparents or aunts and uncles. However, this presumption can be challenged and overridden in cases involving abuse, neglect, or violence.

Allegations of such nature must be proven; frivolous claims made out of spite or to gain an advantage in court can detrimentally impact the case. Transparency and honesty with one’s attorney are paramount in these situations, enabling the attorney to prepare and present the case effectively. The goal is always to ascertain and advocate for what is genuinely in the best interest of the child, even in complex situations where parental involvement may be detrimental.

For more information on Best Interests Of The Child Standards, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.