Custody

What is the Best Interest of the Child Custody Standard?

The following is a guest post on behalf of the Cantor Law Group, a prominent Phoenix divorce firm.

When it comes to determining the custody of a child in a custody proceeding, the courts will typically use the best interests of the child doctrine. This is often used when a married couple chooses to divorce there are one or more children involved or if a child has been born outside of marriage. Using this concept, the court will determine who the child lives with, how much contact the child will have with each parent and whether child support is granted to one of the parents. Continue reading

Can a Child Age Twelve Decide Which Parent to Live With?

I have been asked this question more times than I can count during my career.  More often, it is stated to me as fact, as in “well my child is over twelve, so she gets to decide who she wants to live with.” This belief is based on a misinterpretation of a very real Texas Family Code statute concerning the wishes of a child twelve or older.

Section 153.009

Here is what Texas Family Code Section 153.009 says Continue reading