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Custody should be awarded according to the best interest of the child

Time and time again, this blog has detailed how child custody often proves to be the most contentious aspect of a divorce not only in Texas, but any state. Litigation surrounding this issue can keep a divorcing couple in the court room for extended periods of time.

In the case of one mother, she reports that in the midst of her child custody battle, she ended up agreeing to give her husband custody of their son because she was exhausting her finances litigating the issue. By doing this, the battle was over and the woman avoided having to pay her husband child support because she retained primary custody of her daughter.

The husband did not work because he inherited wealth from his family. So even though the wife earned all the money, the husband was not without means. If primary custody of both children went to the husband, the wife could have had to pay child support because she earned a higher income, even though the husband was wealthy by most individuals' standards. It appears that in this complex and unusual set of circumstances the woman felt she was forced to relinquish custody because her husband retained more financial means to continue battling over custody.

This case illustrates that divorce can become complicated and it is often imperative to retain an advocate that is sensitive to an individual's unique situation. An ideal situation is one in which a couple can reach a custody agreement through mediation, but this is not possible in all circumstances. However, the issue should never come down to who has more means to continue litigating but rather which parent is in the best interest of the child.

Source: The Huffington Post, "Should The Richer Parents Get Custody?" Pauline Gaines, Sept. 28, 2012

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