Child Custody Lawyer
Rely on Our Experience with Child Custody Issues
An experienced child custody lawyer can help you deal with the tough issues of divorce. Parents, who have children, want to do as much as possible to keep their kids happy and healthy. During divorce, life is drastically changing, not just for you but for your children as well. Making the transition a smooth one is a goal many parents share. We can help you with that. And understanding the legal aspects of child custody is a good place to start.
What are your options for child custody?
There are two main types of custody, which are joint custody and sole custody. Texas courts use a few legal terms regarding custody that are different than the terms other states use. Texas law refers to custody as “conservatorship.” “Joint managing conservators” refers to parents who share joint custody. “Sole Managing Conservator” refers to a parent who has sole custody. “Possession” is the term used for visitation.
The Two Main Types of Child Custody
Joint Custody (Joint Managing Conservatorship)
Throughout Texas, courts believe that whenever possible involving both parents in their children’s lives is better for their well-being. Joint custody is the most common type of custody that Texas courts award parents. Both parents have responsibilities and duties in raising their children and a judge might divide their duties. For example, while a judge might give one parent the right to manage their child’s healthcare, the other parent might have the right to make decisions about their child’s education. Or both parents might make these decisions together based on the best interest of the child.
Even though children may spend their time 50/50 with each parent, typically one parent’s home is the primary residence of the child. In addition, parenting arrangements may not be 50/50. They can be 60/40 or even 70/30 with weekdays spent with one parent and weekends with the other.
Sole Custody (Sole Managing Conservatorship)
A sole custody arrangement refers to the court awarding one parent all the decision-making responsibilities for their child. This would include healthcare, education, religious upbringing, etc. The child would also reside with this parent, who acts as the primary caregiver. The other parent, the possessory conservator, would have visitation with the child. Parents might reach an agreement about sole custody if one parent wants to take on all the responsibilities and the other parent is willing to go along with this arrangement.
Courts also award sole custody when a judge decides a parent is unfit to share in the responsibilities of making important decisions and providing daily care. Underlying reasons for this ruling are often due to drug addiction, alcohol abuse, domestic violence, neglect or criminal activity.
Factors for determining what is in the child’s best interest
The best interest of the child is a legal phrase you often hear mentioned in custody cases. It is generally one of the main determining factors that judges use when rendering decisions. In viewing what is in the best interest of the child when ruling on child custody, the following are common factors that the courts consider:
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The ability of a parent to provide stability for the child- Who has been the primary care parent for the child
- Depending on the child’s age, their preference
- A child’s age and their physical and emotional needs
- Whether the child is happy in their current community and school
- Whether risks exist for physical or emotional danger
- Past history of substance abuse, neglect, criminal acts or domestic violence
- Evaluation results regarding the children, family members or people with access to the home
- Psych evaluations, if necessary
Factors for determining what is in the child’s best interest
The best interest of the child is a legal phrase you often hear mentioned in custody cases. It is generally one of the main determining factors that judges use when rendering decisions. In viewing what is in the best interest of the child when ruling on child custody, the following are common factors that the courts consider:
-
- The ability of a parent to provide stability for the child
- Who has been the primary care parent for the child
- Depending on the child’s age, their preference
- A child’s age and their physical and emotional needs
- Whether the child is happy in their current community and school
- Whether risks exist for physical or emotional danger
- Past history of substance abuse, neglect, criminal acts or domestic violence
- Evaluation results regarding the children, family members or people with access to the home
- Psych evaluations, if necessary
Factors for determining what is in the child’s best interest
The best interest of the child is a legal phrase you often hear mentioned in custody cases. It is generally one of the main determining factors that judges use when rendering decisions. In viewing what is in the best interest of the child when ruling on child custody, the following are common factors that the courts consider:
-
- The ability of a parent to provide stability for the child
- Who has been the primary care parent for the child
- Depending on the child’s age, their preference
- A child’s age and their physical and emotional needs
- Whether the child is happy in their current community and school
- Whether risks exist for physical or emotional danger
- Past history of substance abuse, neglect, criminal acts or domestic violence
- Evaluation results regarding the children, family members or people with access to the home
- Psych evaluations, if necessary
Find out how we can help you with child custody
Not only have we assisted many clients with child custody issues, we’ve experienced divorce first hand. It’s fair to say we feel compassion for the challenges you’re facing. We’ll listen to your concerns, explain the law in simple terms, and devise effective legal strategies to deal with your issues. Our goal is to obtain the best outcome possible for you and your children.
Call 940.566.0606 to schedule an appointment.
Reach out to us
DTX Family Law
525 S. Locust Street, Ste. 100
Denton Texas 76201
Phone: 940.566.0606