How do Courts Feel About Separating Siblings in a Custody Battle?

by Ricardo Barrera

Texas law puts a strong emphasis on keeping families together. Judges are usually reluctant to split the children up, especially when they are young. 

However, judges do take into consideration all circumstances, including whether a sibling is a good or bad influence on the other (for example, whether one of them is abusing drugs or participating in illegal activity). 

Sometimes, the court will allow one child who is, for instance, failing in school, not attending school, or having other behavioral problems to go with the other parent and leave the other siblings behind.  A requirement is that the child be enrolled in a special program or school district equipped for dealing with those issues and where the child will get more supervision and help. 

Other times, there can be a situation where one child is blind, mentally disabled, deaf or has another condition that requires much more attention from a single parent. 

At the end of the day, courts are usually open to maximizing the help to ensure the proper development of the child. However, the courts will almost always want a plan in place to ensure siblings that are separated see each other as often as possible.

For more information, call The Barrera Law Firm at (956) 428-2822 or fill out this form for a free consultation.

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