Child Custody Law
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Source: Law Office of Tad Nelson, TX
The phrase “best interests of the child” asserts that courts must make a child’s well-being the top concern in child custody disputes. But as legal language and values have evolved, so, too, has the understanding of how to follow this guiding principle.
In this guide, we’ll unpack what this statement really means and how it applies to modern custody situations.
Understanding “Best Interests”
The “best interests” standard is meant to ensure that a child’s physical and emotional wellness guides custody decisions. In other words, courts are supposed to make decisions that focus on fostering a safe and stable environment for all children involved. This means looking at immediate concerns, like housing, as well as the potential for long-term stability given a variety of factors.
Courts want to see evidence that each parent can offer support for a child’s health and education. The parents should be compassionate and willing to be present for a child’s daily needs. Further, a court will evaluate each parent’s stability, looking at their current employment and housing situations. Instances where there is a history of physical or substance abuse will likely have a strong impact on a court’s decision.
Children over the age of 12 may be able to indicate a preference for their living arrangements in some states. For example, in Texas, a child with the demonstrated maturity to express an opinion can weigh in on the situation. And for parents seeking legal counsel in Texas as they navigate a custody dispute, a child custody attorney in Friendswood can be a significant asset.
How Laws Have Shifted
The child custody landscape has shifted in several states in the past few years. Missouri, for instance, enacted a change that favors equal parenting time as being in the best interest of the child. For judges, this legal change means that they must operate with equal parenting as the default choice unless persuaded otherwise by an attorney.
In Georgia, children over the age of 14 can choose which parent they want to live with. Even so, a judge can overrule if the circumstances suggest that the living arrangement is not the most secure choice. And California attempted to pass legislation that considers a parent’s affirmation of their child’s gender identity in cases. The legislation did not pass, but it did contribute to bigger conversations about what parental support looks like.
In California, judges prefer that parents demonstrate a willingness to co-parent, and joint custody arrangements are the most common outcome. Additionally, a parent can request to modify custody orders without receiving the other parent’s consent in this state.
Considering Complex Issues
Child custody cases aren’t diminishing in complexity in 2025. If anything, they’re becoming more nuanced as more issues affect the outcomes. Courts are looking at a child’s psychological well-being in situations where a parent is not agreeable to affirming their gender identity. And some parents are unwilling to heed court orders. Aside from demonstrating disdain for the law, this type of situation can jeopardize a child’s safety.
What are the custody requirements and complexities in your state? Make sure you consult with a skilled attorney to find out. And make sure to choose an attorney with expertise in child custody situations, as opposed to one with specializations in motor vehicle accidents or education.
Following Custody Laws
Courts continue to do what is in the “best interests of the child,” using this statement as the gold standard in making custody decisions. But with frequent changes to state laws and more involved considerations, judges and parents have their hands full. Ultimately, staying informed about shifts is vital as parents and attorneys work toward the best outcome for all children.
