Determining the Child’s Best Interest in a Divorce Proceeding

The ongoing COVID-19 pandemic is changing the way we live our lives, impacting everything from our social interactions to our economic circumstances, including the way that we parent our children. The task of managing these challenges is exacerbated when we must face them in two separate households. Questions arise as to how we can best protect our children when parents are divorced or separated, a circumstance which may effectively prevent one parent from directly overseeing their children’s health and safety.

Courts throughout the country are grappling with the obligation to decide whether a parent should be prohibited from spending time with his or her children while the COVID-19 pandemic continues to evolve. Specifically, the questions to be addressed require the balancing of a parent’s constitutional rights with the court’s “parens patriae” obligation to protect a child’s best interests.

In today’s changing world, given the many uncertainties created by COVID-19 and its far-reaching implications, courts must weigh the facts in seeking a determination that truly addresses these competing concerns. Among the factors to be taken into consideration: a child’s emotional and psychological needs; a child’s physical health; the safety of both parents’ homes; and the ability to protect a child from exposure to unnecessary health risks.

The facts in these cases are not always clear-cut or easy to discern. The process will require a well-balanced, coherent presentation to the court. The divorce process is difficult enough as it is.  Children will make navigating the complexity of divorce crucial to child development.  The outcome will vary from case to case, and from family to family. The legal arguments and analysis remain constant, however: What, ultimately, is in the child’s best interests?

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.