Lynette Boggs Perez | About Child Custody Cases

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4 Things to Know About Child Custody Cases
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• 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, lets
  find out a few best tips that can make you win a
  child custody case with the experienced attorney
  and mediator Lynette Boggs-Perez.

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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 youve 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.

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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 childs
  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 cant interview the child in chambers
  in a jury trial on the issue of which parent
  should decide where the child primarily lives. 
  In a non-jury 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 judges office to record the interview with
  the child.  The parents are not allowed in the
  judges office during the interview.

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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.

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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.

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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.

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