Main Menu Practice Areas
Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Child custody arrangements focus on legalities, not fairness

A concept regularly discussed in custody cases is determining what the best interests of the child are. However, some individuals feel that Texas laws don’t allow the welfare of the child to come first in many situations. Certainly in any family law dispute one or more parties will come away unhappy, but child custody arrangements must be decided according to laws that can often seem unfair.

For example, Texas legislation leans toward placing the child in the home of the biological parents whenever possible. In this day and age, blended families are quite common. Sources point out a significant example of the issues that these family arrangements can create. For example, even if a child grows up only knowing their stepparent, that parent will have no legal right to the child should a divorce take place.

Additionally, if a biological parent is able to meet the minimum requirements needed to help safeguard that the child will be protected in their care, then the courts will favor them, even over a more stable grandparent. In other words, a child that has been in the care of a grandparent for years while their parent indulges an addiction can be separated from their grandparent, even if a strong bond has been formed, and placed in the home of a newly rehabilitated parent.

While these issues are hard for some to understand, the fact remains that the courts can only act within the law. It is important to understand that there are often ways around instances such as these – like adoption, for example - to help ensure that the best interests of the child coincide with what is fair.

If you face a difficult family law issue, turn to an attorney to discuss ways to potentially resolve it.

Source: Huffington Post, “The 'F' Word in Family Law,” Natalie Gregg, Dec. 3, 2013

No Comments

Leave a comment
Comment Information