Does a Judge Have Ultimate Say Over a Custody Situation?

Judges control court proceedings like umpires control baseball games.

Yes, a judge has the ultimate say over a custody situation. Even if the parties reach an out-of-court settlement, a judge must approve the settlement and ensure that it is in the best interests of the child. The judge also has the ultimate say over a jury verdict. A judge must approve the verdict and, if it is not in the best interests of the child, has the power to overturn that verdict, either unilaterally or upon motion of a party.

Because of this oversight, the child’s best interests are the northern star for a Ft. Worth family law attorney. Legal arguments that run afoul of the child’s best interests usually fall on deaf ears. Furthermore, as mentioned, if the judge rejects a settlement agreement, all the hard work that went into that agreement is lost. There is a practical consideration as well. An agreement that is not in the child’s best interests simply will not work, at least over the long term.

Child’s Best Interests

All good parents agree that divorce and other child custody matters should be in a child’s best interests. But the devil is in the details, and most good parents cannot agree on the specifics, at least on their own. So, the Texas Family Code lists several factors a Ft. Worth family law attorney should consider before making legal arguments, and a judge should consider when approving a settlement agreement.

• Verified Abuse Allegations: We will start with this factor, because it is a deal breaker in many cases. Caregivers who abuse children, physically, emotionally, verbally, or otherwise, receive only limited custody rights in Texas. The same principle applies if a child witnessed abuse.
• Parental Disability: Frequently, the spirit is willing but the flesh is weak. Disabled adults have many rights, but the right to full child custody isn’t one of them. This factor has ongoing significance. The onset or removal of a disability is one of the most common grounds for a motion to modify custody or visitation.
• Child’s Preference: Note that we are on the third bullet point. The child’s preference has considerable weight but is by no means absolute. Unscrupulous caregivers often pressure or threaten children to make written preferences.
• Parental Preference: Most parents express a preference without knowing it. If Dad showed little interest in piano recitals and baseball games during the marriage, Dad would probably be a poor custodial parent. This leopard usually does not change its spots.

During custody cases, some attorneys stray too far from the best interest factors, and some frame their arguments improperly.

Move-away modifications are a good example. If Mom gets promoted and must move to another city, the move is clearly in her best interests. But the move may or may not be in the child’s best interests. A Ft. Worth family law attorney should develop other arguments. For example, the proposed new location might have better schools or hospitals.

Judicial Discretion

A few final words on the “ultimate say” that judges have. This power is not unlimited, because judges cannot abuse their discretion.

Judges are like baseball umpires in many respects. If a pitch is close to the strike zone, an umpire can call it a ball or a strike. The call might be clearly wrong, but it is not an abuse of discretion. However, if an umpire calls one of these pitches a strike, the umpire has abused his discretion.

Connect With a Diligent Tarrant County Attorney

Judges have almost total control over child custody matters. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. We routinely handle matters in Tarrant County and nearby jurisdictions.