If you’re preparing to file for divorce in Brownsville, TX, and share a child with your spouse who is under the age of three, you may be wondering what factors the court is going to use to establish a custody agreement. The fact is, small children, particularly those who are under the age of one, are still in the process of developing a relationship with each of their parents and truly benefit from spending as much time as possible with both of them. So, if this is one of the concerns you currently have, read on below for some helpful information.


How is custody awarded in a case involving a child who is less than three years of age?


While the court typically tries to award joint custody of a child so that they are able to build a strong and healthy relationship with both of their parents, it can sometimes be difficult to do this when the child is very young. For instance, let’s say the child is only a few months old and the baby’s mother is solely breastfeeding him/her. In this case, the court will need to consider this when creating a custody arrangement so that the child gets what he/she needs from their mother but is also given adequate time to spend with their other parent.


Some of the other factors the court is going to look at include:


  • Who has been providing care to the child before and after the divorce petition was filed.
  • The effect the separation from either party will have on the child.
  • “The availability of the parties as caregivers and the willingness of the parties to personally care for the child.”
  • What the child’s physical, medical, behavioral, and development needs are.
  • The physical, medical, emotional, economic, and social conditions of both parents.
  • The impact other individuals aside from the child’s parent will have on them if they are going to be spending time around them.
  • “The presence of siblings during periods of possession.”
  • The need for the child to develop healthy attachments to both of his/her parents.
  • The child’s need for a routine.
  • The location of both parties’ residences.
  • The “ability of the parties to share in the responsibilities, rights, and duties of parenting.”


After the child turns three, the court will likely revisit the current order and make any modifications it deems necessary.


Now, to ensure your parenting rights are protected during the divorce proceedings, you are encouraged to retain a Brownsville, TX divorce lawyer. The attorneys at the Law Offices of Gary A. Ortega, P.C. understand how difficult divorces can be, especially those that involved small children, and will do everything in their power to ensure a favorable outcome is reached.


You can reach the Law Offices of Gary A. Ortega, P.C. at:


424 E. Jefferson

Brownsville, TX 78520

Phone: 956-541-4838

Website: www.garyortegalaw.com

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