Much of your Guide's law practice centers on family law. Among the most difficult enterprises in family law is the trial of a custody case. When parents cannot agree on custody of a child, the trial judge (or in Texas, a jury may make this decision) must determine with which parent the child will live. This gut-wrenching decision must be based, above all, on the best interest of the child.

Many parents misperceive the nature of the decision the trial judge must make. Although parental misconduct can provide important evidence to underlie that decision, parents who conceive of a custody trial as an exercise in mud-slinging miss the point. Parents must concentrate on providing the trial court with evidence showing that it would be better for the child to live with that parent, or in other words, what living arrangements are in the child's best interest.

There is certain obvious information a parent should be prepared to relate to the trial court, including matters such as knowing the child's medical and school histories. But there are secondary and tertiary areas of inquiry that are progressively more important. What follows is a discussion of these initial, then secondary, and finally tertiary areas.

Basic Information

Every parent, whether or not in a divorce or modification proceeding, should know this information about each of the parent's children:

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