The Barbosa Law Firm, P. C. has been representing clients for over 30 years in the State of Texas. There is a common thread that makes up the most common questions when people call our offices requesting information on a Divorce.

The most common issues in a divorce are issues regarding children.  Most people make it an issue for various reasons. One parent will always assume that if they have the primary conservatorship of a child,  they will not have to obligated to pay child support and medical support. Most of the parents who request primary custody do so because the best interest of their children is at the core of their actions.  We understand that the conservatorship of a child brings with it a lot of responsibility and financial burden. However, most people that opt for fighting for primary conservatorship do so for the right reasons.

However, we also get inquiries from parents who do not have the best interest of the children at heart.   The majority of parents whom we advise against fighting for primary conservatorship of their children are fathers who believe that by them having the primary conservatorship of their children, they will not have an obligation to pay support both for the support of their children and for medical support.  At our office,  we screen out clients who have dubious objectives regarding the conservatorship of their children. We will always be straightforward and legally honest about fighting for primary conservatorship of children when the parent’s goals do not coincide with the best interest of the children.

It is important for parents to remember that the Courts will not grant primary conservatorship to one parent, especially when both parents are fighting for primary conservatorship, without ordering a child custody evaluation.   A child custody evaluation is usually conducted by a professional or by the Dallas Family Court Services personnel who conduct thousands of studies for the courts. The Court’s primary objective with the conservatorship of a child is at issue is the best interest of the child.   The standard is not what is in the best interest of the parent.  The court will always make a final ruling based on a social study evaluation and what the court interprets as the best interest of the child standard.

It is difficult to explain to parents that the child’s best interest is always the standard by which courts will decide who will be the primary conservator of a child. In most divorce proceedings,   the parties have so much emotional baggage going into the divorce that they are blinded by the hate and revenge they want to take out of the other spouse. It is up to an experienced attorney to make the parties understand that both parents have rights, duties, and obligations to a child regardless of whom the court appoints as a primary conservator.

In any case, involving children, a party should always consult with an experienced family law attorney with experience in child custody litigation. The cost of pursuing a divorce without considering the best interest of the child will always come back to haunt a parent and probably make it a costly litigation in trying to modify a divorce case where the primary conservatorship of a child was based on the parent’s false belief that the child is a prize on which to bet on.

Roland Barbosa

Attorney at Law

The Barbosa Law Firm, P. C.

Read part 2: Issues Common in a Divorce – Part 2