Child Interviews in Texas Custody Disputes

When faced with child custody cases, the main objective of the Texas courts is to establish a parenting plan that benefits the child. The courts will assess numerous factors to determine what is in a child’s best interest, including the relationship between the parents and the child, the health of the parents and the child, and the ability of each parent to provide a healthy and caring environment. In some cases, the courts will conduct interviews of the children as well. If you are involved in a custody case, it is critical that you understand the significance of child interviews in Texas custody disputes, and you should speak to an attorney about how the interview process works. The Dallas child custody attorneys of McClure Law Group are proficient at helping parents protect their rights in custody lawsuits, and if you hire us, we will fight to help you seek an outcome that is best for you and your child.

In Texas custody disputes, child interviews play a crucial role in determining the best interests of the child. These interviews are conducted to gather information directly from the child regarding their preferences, experiences, and relationships with their parents or guardians. Additionally, such interviews provide the court with valuable insights into the child's emotional and psychological well-being, their attachment to each parent, any instances of abuse or neglect, and their overall preferences regarding custody arrangements. Ultimately, information gathered during these interviews helps the court make informed decisions about custody and visitation that prioritize the child's safety, stability, and welfare.

It's important to note that while child interviews are valuable sources of information, they are not the sole determining factor in custody decisions. The court considers a range of factors, including the child's age, maturity level, the presence of any special needs or developmental issues, and the credibility of the information provided during the interview. Additionally, the court may weigh the child's preferences against other evidence presented in the case, such as testimony from parents, witnesses, and expert evaluations.

Typically, judges will conduct child interviews in their chambers. The process is conducted with sensitivity to the child's emotional well-being, ensuring that they feel heard and respected throughout the interview process.

The Texas Code (the Code) dictates that child interviews must be conducted in certain cases. Specifically, in a court case without a jury, if a party, the amicus attorney, or the attorney ad litem for the child requests it, the court must talk to a child aged 12 or older privately in the judge's chambers. The courts have the discretion to decide whether to talk to a child under 12 years old, whether it's about who the child wants to live with most of the time or who makes important decisions for them. The court can also decide to talk to a child regarding other issues impacting the custody case.

During the interview, the child's lawyer, the amicus attorney, or the guardian ad litem can be present if the court allows it. If the child is 12 or older and a party, the amicus attorney, or the attorney ad litem asks, or if the court decides, the court must make a record of the interview. This record becomes part of the official court record.

In child custody cases, the courts will assess what is best for the child and, in some cases, will gain insight into what division of parental rights will be most beneficial through child interviews. If you want to learn more about child interviews in Texas custody disputes, it is advisable to talk to an attorney as soon as possible. The trusted Dallas child custody attorneys of McClure Law Group have the skills and experience needed to obtain favorable outcomes in custody disputes, and if you engage our services, we will develop persuasive arguments in your favor. Our primary office is located in Dallas. We also have a Collin-County office, which is located in Plano, where we can meet clients by appointment. We frequently assist people in child custody cases in Dallas, Garland, Fort Worth, Rockwall, Irving, Richardson, Frisco, and McKinney. We also represent parties in family-law cases in cities in Dallas, Denton, Rockwall, Collin, Tarrant, and Grayson. You can reach us by calling 214.692.8200 or by using our form online to arrange a meeting.