Child custody can be a challenging and emotionally charged topic, especially when parents are unsure of how their relationship status may impact the outcome. Many parents wonder if being unmarried affects their chances of getting custody of their child. Understanding what courts focus on and how decisions are made can provide some peace of mind.
In the video, Atty. Tina Campbell of Turner-Monahan PLLC discusses whether a couple’s unmarried status can affect custody decisions during Texas child custody case hearings. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Custody and Unmarried Parents
The courts aren’t concerned with whether the parents were married. What really matters are the facts at hand—what each parent can offer to the child and how they can support them.
What Do the Courts Consider?
Courts focus on the child’s best interests. They evaluate what each parent can provide, including emotional support, stability, and resources for the child’s well-being. Whether the parents were married or not doesn’t affect these considerations.
The Importance of Stability
When determining custody, the court looks closely at each parent’s ability to provide stability. Stability can include a consistent living environment, financial support, and routine. These factors are essential to a child’s emotional and psychological development, and they matter far more than whether the parents were married.
Parental Involvement and Responsibilities
The court also evaluates the level of involvement each parent has had in the child’s life. This can include how much time each parent spends with the child, who attends school events, doctor appointments, and other important activities. Courts are more interested in the parent’s demonstrated willingness to take on responsibilities and provide for the child.
Parenting Plans and Agreements
Another consideration in custody decisions is whether the parents have an agreed-upon parenting plan. If both parents can collaborate and agree on a schedule for custody and visitation, it often leads to a more favorable outcome for both parties. A well-drafted parenting plan that outlines each parent’s responsibilities can make a significant difference in the court’s decision.
Emotional Bond Between Parent and Child
The emotional bond between the child and each parent is also a crucial factor. Courts will consider the child’s attachment to each parent and how well each parent can nurture that relationship. This bond is a key component of the child’s well-being, and courts want to ensure that it is preserved regardless of marital status.
Ability to Co-Parent Effectively
The ability of each parent to co-parent effectively is another element that courts consider. A positive co-parenting relationship demonstrates that both parents are willing to put aside their differences for the child’s benefit. Courts prefer arrangements where parents can communicate effectively and work together, as this is in the child’s best interest.
What Does the Texas Family Code Say?
The Texas Family Code provides guidance on child custody decisions, focusing on the best interests of the child. Here are a few relevant sections:
Section 153.002 – Best Interest of the Child
The primary consideration for the court is always the best interest of the child. This means that decisions will be based on factors that contribute to the child’s physical, emotional, and mental well-being, regardless of whether the parents were married.
Section 153.004 – History of Family Violence
The court considers any history of family violence when making custody decisions. This includes evaluating which parent can provide a safe environment for the child. Marital status does not influence this evaluation—what matters is the child’s safety.
Section 153.005 – Appointing a Managing Conservator
The court can appoint one or both parents as managing conservators of the child. This decision is based on each parent’s ability to act in the child’s best interests, including providing care, guidance, and stability, rather than focusing on marital status.
Section 153.009 – Interview of Child in Chambers
If the child is old enough, the court may interview the child to understand their preferences. The child’s wishes can play a role in custody arrangements, but the final decision is based on the best interests of the child rather than the parents’ marital situation.
Having an attorney well-versed in these laws is essential for parents navigating custody disputes, helping them fully grasp their rights and responsibilities throughout the process.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Whether or not you were married is of no concern to the court when it comes to deciding custody. The focus is always on the child’s needs and who can best meet them.
To ensure the best possible outcome, consult with a family law attorney who can help guide you through the process and address any concerns specific to your situation. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “Is There A Gender Bias In Custody Decisions In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Are the Steps Involved in the Divorce Process?
- What Happens If A Custodial Parent Denies Access To The Non-Custodial Parent?
- What Should I Do If My Ex Is Not Paying Child Support?
- What Qualifies as a Substantial Change in Circumstances for Custody?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
