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Child custody can be major source of conflict during divorce

A Texas divorce can be stressful for a variety of reasons. One of the biggest sources of stress in many proceedings is a child custody disagreement. Child custody battles can affect not only the parents involved but also the children at the center of the dispute.

According to the Texas Family Code, the goal is to make sure that children of divorce have continuing and frequent contact with their parents. Or course, this is true if both parents have shown that they are capable of acting in the children's best interest. The parents must be able to provide a nonviolent, safe and stable environment for the children.

Courts will evaluate as well as decide whether to appoint one parent or both parents to be managing conservators -- or, those with primary custody -- after looking at many factors. These factors include how capable a parent is of meeting a child's emotional and physical needs. Another important factor that the court considers is whether a parent is able to give appropriate guidance to a child.

In many cases, parents in Texas can resolve their child custody issues on their own, with an attorney's help, through mediation or direct negotiations. Through these alternatives to formal divorce litigation, they can work on a parenting agreement that meets both of their needs and focuses on the child's best interest. The challenge that many parents face, however, is that they may have vastly differing ideas regarding what is really in their children's best interest. In this case, a judge will have to make the final child custody decision for the parents based upon the evidence presented in court.

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Jamie Graham & Associates, PLLC
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San Antonio, TX 78205

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