I Want to File for Divorce, But I am Scared I Will Not Get to See My Children Anymore

 Posted on June 06, 2016 in Custody

For many couples going through a divorce in Dallas, Texas, their biggest concern is their children. How are they going to react to Mom and Dad splitting up? Who is going to get them on Christmas? Will I be able to take care of them and pay all the bills on one income alone? These are normal concerns that most parents in normal circumstances have when deciding to go through with a divorce. However, there are some parents whose circumstances are not so normal - such as the truck driver who is gone all night, the older father with chronic health issues, the mother whose job requires her to be away three-quarters of the year, or the parent with a physical disability that disallows them to do activities that most parents can and should be able to do. For these parents, their concerns are a little more urgent, as they go from 'when will I get to see my kids?' to 'will I get to see my kids?'

Custody is Determined by What the Courts Feel is in the Child's Best Interests

There are several factors that a Texas judge takes into account when determining what is in the best interests of the child, and therefore, how child custody, or conservatorship, as it is commonly called in Texas, will be awarded. For instance, they will consider your child's physical and emotional needs, the ability for each parent to accommodate those needs, the stability of each parent's home, and the future plans that each parent has for his or her child. More than that, though, the courts look at each parent's work hours, age and health status, any history of drug abuse, violence, neglect or physical abuse, and lifestyle choices. Most Texas judges will not rely on one factor alone to make a final decision; they will look at all of the factors together, and make a decision based on what the combination says about each parent's ability to care for and to provide a healthy, stable environment for their child.

Oftentimes, what is in the best interests of the child is spending equal amounts of time with both parents-or at least as much time with each parent as circumstances allow. With that in mind, even if your circumstances do differ from the norm, if you have a strong, healthy relationship with your child, the courts will weigh that factor heavily into the equation and try to come up with a solution that fits both your circumstances and your need for a continued relationship with your child.

Get the Help of a Child Custody Lawyer

At the Clark Law Group, we believe in helping families settle their child custody disputes in as a painless and fair way as possible. Our Dallas, Texas family law attorneys advise our clients on everything from the best way to conduct themselves in court to lifestyle changes they may have to make in order to receive the desired amount of physical and legal custody. Our child custody lawyers even work with both parents to come up with a shared parenting plan that is fair and just to everyone involved. If you are worried that you will not receive equal custody of your child once the divorce is finalized, or if you are worried that you will lose visitation rights altogether because of your particular circumstances, give our child custody lawyers a call at 469-906-2266or contact us online today.