Best Interest of the Child
                     Reeves Law Firm
Protecting  Families  in  Crisis
http://www..planoattorney..net/
Child Custody
Best Interest of the Child:
Parents who fight in front of a children are not acting in the child’s best 
interest. The Child’s Best Interest controls who wins custody in Texas.
Child Custody
The Court in Texas must consider the best interest of the child:
Texas Family Code specifically states that the Court is required to 
render orders in custody and child support cases based on what 
the Court determines to be in the Child’s best interest.  The 
question then, is what is in the child’s best interest..  To 
understand this concept you must first accept the premise that 
children have the right to expect and enjoy a safe, stable, non-
violent home environment where they will have frequent, 
meaningful, on-going contact with both parents.
Child Custody
The Court in Texas must consider the best interest of the child:
Both parents are given the benefit of the 
doubt and both parents are presumed to be 
interested in protecting the child, 
until someone shows the Judge that one or 
both parents do NOT have the ability to act 
in the child’s best interests or have acted in 
such a manner as to endanger the child.  This 
presumption in favor of a parent is like the 
presumption of innocence in a criminal case. 
 It is just there.  But, unlike a criminal case, 
no one has to prove beyond a reasonable 
doubt that a parent is not acting in the 
child’s best interest because the focus is on 
the child.  And it is this standard that forms 
the basis of my statement “Both parents are 
equal until a Judge decides they are 
not equal.”   See my post on Father’s Rights 
for more information.
Child Custody
What is “best interest of the child”?
The Texas Family Code requires the Judge to determine what is in the 
child’s best interest but it does not define the term.
Often times a client approaches and says he or she wants sole custody 
because it would be best for the child.  But the reasoning given is because 
that parent wants “sole custody” because  he or she “feels” (fill in the 
blank here with whatever basis or reasoning is given).  “Feelings” are not 
evidence.  The parent asking to restrict the other parent’s parenting time 
or authority must objectively show the court that his or her feelings are 
justified based on the conduct of the other parent.  In other words, the 
Judge will have no problem looking a mother straight in the eye and saying 
“your reasoning is not good for the kids.”
Child Custody
What does the court consider when making custody decisions in Texas?
In the State of Texas, the best interests of the child is the primary 
consideration when making a ruling on a custody case (TFC ¶153.002). 
Some of the factors the court may consider include:
The preference of the parents, as to the conservatorship (custody) of their 
child.  If both parents who both love and know the child, as well as what 
the child needs on a daily basis can agree what is best for the child, a Judge 
who has never met the child will rule accordingly.
The history of the care of the child.
Which parent has served as the child’s primary care-giver.
Child Custody
What does the court consider when making custody decisions in Texas?
The interrelationships between the child and each parent.
The physical, mental, and emotional health of the child.
Whether or not the child has any special needs, and which parent is better 
equipped to meet those needs.
The capacity of each parent to perform parental responsibilities and to 
protect and raise the child in a safe, stable, loving environment.
The ability and willingness (or lack thereof) of each parent to foster a 
relationship between the child and the other parent.
Child Custody
What does the court consider when making custody decisions in Texas?
Attorney Roy Reeves has 2 decades of experience in helping the Judge see the facts and 
evidence that demonstrate the best interest of the child.  If you and the other parent can 
agreement on custody, we offer unbundled legal services to draft your orders and help 
you get them filed with the Court.  Another option is to mediate your custody issues. 
 Otherwise, you and your children deserve an experienced family law attorney who 
handles child custody and child support cases in Collin County Texas, someone who 
knows the political atmosphere in McKinney, Texas, a family law attorney with offices in 
Plano, Texas and McKinney, Texas that can evaluate your case, give you advice based on 
20 years experience in family law in Texas.  Call Reeves Law Firm at 972-596-4000 to 
schedule an appointment today.
If you have any Questions or Need Help.
                       Contact Us 
        Reeves Law Firm, PC
      5900 S. Lake Forest Driive, Suiite 300
                 McKiinney, Texas 75070
                Phone : 972-596-4000
                  Fax : 972-755-8726
 Website: https://www.pllanoattorney.net/