Lynette Boggs Perez | Things to Know About Child Custody Cases

4 Things to
Know About
Child Custody
Cases

Going through a divorce is definitely a challenging task, but the big
challenge is often the battle over the custody of children. In most cases,
both parents are named joint managing conservators of the child or
children. The battle, however, is usually over the designation of which
conservator will have the exclusive right to determine where the child will
live. Although divorce is a frequent setting for these types of battles, they
happen in all types of scenarios. When a child is born to unmarried
parents, there often can be custody battles and they often have a tie to a
petition filed for child support or when one of the parents begins another
relationship. A custody dispute can also arise when the child has been left
in the care, custody, and control of a third party = such as a grandparent –
and that individual files a lawsuit seeking to be named the conservator of
that child or children.
When both the parents (or relatives) are unable to make an amicable
decision regarding the best interests of their child or children custody, they
usually end up in court. Before filing a child custody case it is important to
understand how the legal system actually works. So, let’s find out a few
best tips that can make you win a child custody case with the experienced
attorney and mediator Lynette Boggs-Perez.

Child Custody Evaluations
In most cases in which there is a dispute as to which parent should be named the primary conservator of the
child, the judge will likely order a Child Custody Study. This study is conducted by a licensed social worker or child
psychologist who will ultimately prepare a report for the court. Hence, your lifestyle and home environment are
something that will factor into the final decision by the judge. If you’ve been an absentee parent and all of a
sudden you start showing up to avoid paying child support is something that will be obvious to the child custody
evaluate. If you have other relatives living in your home, know that they too will be a part of this evaluation and
the court will want to know if these other individuals have criminal and/or child protection backgrounds. The cost
of a child custody evaluation can run between $1500 to $2500 and are typically ordered to be split between the
two parties involved in the custody dispute.

Older children can share their wishes with
the judge
In Texas, children who are at least 12 years of
age can have a say in where they live, but a
judge does not have to follow the child’s
wishes. It is improper to assume or to tell a child
they get to decide where they will live once they
turn 12. Once your child turns 18 and is a legal
adult, then a custody order does not apply, and
they can decide where to live.
The judge can’t interview the child in chambers
in a jury trial on the issue of which parent should
decide where the child primarily lives. In a nonjury
trial, it is up to the judge to decide whether
or not to permit the attorneys to be present at
the interview. If either party requests, the judge
must have a court reporter in the judge’s office
to record the interview with the child. The
parents are not allowed in the judge’s office
during the interview.

Consult A Child
Psychologist
If your child has been seeing a
psychologist for any reason,
that professional should give
testimony in the custody
merits a hearing. Ultimately
the judge will make a decision
not based on what is in your
best interests as a parent, but
what is in the best interests of
the child. A child psychologist
can give an accurate and
honest assessment of the
child and his or her needs.

Consult an Experienced
Attorney
At the time of custody disputes, both parents should choose a child custody
lawyer for help. No matter if the custody disagreement is part of an existing
divorce process or between parents who never married. Not every attorney
experienced in family law and child custody matters. Therefore, it is
necessary to find a lawyer like Lynette Boggs-Perez who specializes in child
custody and family law matters in order to make sure that you are being
properly represented.

Bottom Line
So, these are the few tips that will help you in your
child custody case. You have to consider every detail
during the process. Therefore, do your homework
properly before you file a child custody case. It will
increase your chances of having a favorable outcome.