What does the court like to see if afather istrying to custody of his youngest son?

My husband has custody of the oldest and we have been fighting for the youngest. He would like to know what the courts look at? What he may need to improve on and such.

Asked on October 21, 2011 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally you need to show that having custody of the other son is what is best for the child...that is what the court looks at, what is in the best interest of the child. Your husband already has custody of the first child, so that is in his favor since it is not the first request made of the court. Courts do not like to split up minor children, especially when siblings are involved. Essentially, show you have the love to give, the time to give, the financial means to support (education, medical, extra curricular) and perhaps the older son may be able to give his opinion if the court is so inclined to ask the minor. Ultimately, your husband needs to show the child will be happier and safer with the father than with the mother. Talk to a family law attorney about how to show all of this in hard evidence, in addition to testimony.

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