Child Custody Cases Involving Infants

Child-custody cases are emotionally charged and complex legal matters, particularly when infants are involved. The Texas courts recognize the delicate nature of these cases and strive to make decisions that are in the best interest of the child while considering the unique needs of infants, but it can be difficult for new parents to handle the emotional and legal challenges that arise in child-custody cases involving infants. If you need assistance defining your parental rights and obligations with regard to your infant child, it is smart to meet with an attorney as soon as possible. The dedicated Dallas child-custody attorneys of McClure Law Group are adept at helping people navigate the complexities of child-custody cases involving infants, and, if we represent you, we will fight to help you seek a fair outcome.

In accordance with the Texas Family Code (the “Code”), the main objective in all child-custody cases, including those involving infants, is to rule in the best interest of the child. Typically, Texas courts assess a range of factors to determine what arrangement would serve the child's best interests, including the child's age, health, emotional ties, and the capacity of each parent to provide a nurturing environment.

While the Code states there is a presumption, that is rebuttable, that the Standard Possession Order is in a child’s best interest in custody matters, this presumption does not apply in cases involving infants. Instead, the Code provides that the courts should conduct an evaluation of enumerated factors in custody cases involving children under the age of three to determine what division of custody is most suitable for the child's well-being.

Specifically, as it is important for parents of infants to maintain established routines, the courts will examine the caregiving provided to the child both prior to and during the ongoing legal proceedings. Additionally, the court will take into account the potential effects of separation from either parent on the child's overall development. The court will also consider the availability and willingness of each parent to personally care for the child in conjunction with the child's physical, medical, behavioral, and developmental needs.

The court will also look at the physical, medical, emotional, economic, and social circumstances of the parents. Other factors, such as the influence of third parties during possession periods, the presence of siblings, the child's need to form attachments with both parents and the continuity of routine, are taken into consideration as well. Moreover, the court examines the parents’ ability to collaboratively share parenting responsibilities and the proximity of their residences. Additionally, the court will evaluate whether there is a need for a gradual transition to the standard possession schedule due to the child's age and little or inconsistent contact with either parent. The court will weigh any additional evidence pertinent to the child's overall well-being.

Regardless of what division of parental rights the court orders in child-custody cases involving infants, they must also issue a prospective custody order that will go into effect on the child’s third birthday. Pursuant to the Code, it is presumed this order will be the standard possession order.

Child-custody cases involving infants require special considerations, but as with all Texas custody matters, the driving principle is what is in the child’s best interest. If you are the parent of an infant and you and your co-parent need assistance determining your parental rights and duties, it is wise to consult an attorney. The capable Dallas lawyers of McClure Law Group have ample experience handling the challenges that can arise in custody disputes involving infants, and if you engage our services, we will work tirelessly to help you protect your interests. Our main office is located in Dallas, and we are available to meet clients for appointments at our Collin-County office located in Plano. We frequently represent parents in child custody cases involving infants in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Irving, Richardson, and Garland. We also aid people with family-law issues in cities in Dallas, Collin, Denton, Rockwall, Tarrant, and Grayson Counties. You can contact us by calling 214.692.8200 or by using our form online to set up a confidential conference.