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Is Child-Centered Divorce Really A Thing?

Hey folks, Mark Scroggins with Scroggins Law Group and before we get into these Q and A’s want to remind everybody that this is just providing a general answer to questions that are posed by our listenership and viewership out there. So at no time does that create an attorney client relationship between you and me, or between you and any member of Scroggins Law Group. So I hope these questions are good for you and answer some of the questions that you got.

The next question we get is, is quote unquote, child centered divorce really a thing? This is a term many parents encounter when researching divorce options, and it’s worth understanding what it means in practice. While the phrase “child centered divorce” doesn’t appear anywhere in the Texas Family Code, the concept reflects a broader principle: in Texas, all custody and parenting decisions are made based on the best interest of the child. From that perspective, you could argue that every divorce involving children in Texas is inherently child centered, because the law requires courts to prioritize what serves the child’s welfare above all else.

That said, if you’re asking whether a child centered divorce means letting the child make decisions or centering the process around the child’s preferences, the answer is no. Texas law does not grant children decision-making authority in divorce proceedings, and from both a legal and psychological standpoint, placing that burden on a child is generally not considered appropriate. The court may consider a child’s wishes depending on their age and maturity, but the final determination rests with the judge based on statutory factors outlined in the Texas Family Code.

If you have questions about how your child’s needs and best interests will be addressed in your divorce, it’s important to talk to your attorney about the specific factors that apply to your case. A qualified divorce lawyer can help you understand how Texas courts evaluate best interest standards and what that means for your family. While “child centered divorce” may be a helpful conceptual framework, what matters most is ensuring your legal strategy aligns with both the law and your child’s well-being.

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