As emotionally draining as a separation or divorce can be for adults, it’s usually worse for children. In most cases, one or both parents are so angry at each other or hurt by the situation that their parenting ability suffers. As a result, they make choices that put their children squarely in the middle of a bad situation.
What will happen to your child? How will you share custody? What if you disagree on custody? At Albin Oldner Law, our Frisco family law attorneys can tell you from experience that it doesn’t have to be that way. We will evaluate your case and develop a custody plan that is in the best interests of your children. Reach out and schedule your consultation.
Custody can be defined as the legal right to have control over a child. Many factors go into custody decisions, but the most important consideration is always what is in the child’s best interest.
Custody is broken up into two parts: physical and legal. Physical custody refers to where the child will live, while legal custody refers to who has the privilege to make decisions about the child’s upbringing.
In most cases, custody is awarded to one parent, with the other being given visitation rights. However, it is also possible for custody to be split evenly between both parents, also known as joint or partial custody.
Legal custody or conservatorship in Texas gives a parent the right to make important decisions for their child after divorce. It also bestows specific parental duties. Many people see it as being given the right to keep raising your child as you see fit after divorce. If this is important to you, then be sure to hire a child custody lawyer for your case.
Physical custody or possession and access in Texas gives a parent the right to spend time with and share a home with their child after divorce. Courts usually give physical custody rights to a parent with legal custody. The court will only approve a physical custody arrangement if it meets the child’s best interests.
Partial custody – joint or shared custody – in Texas occurs when both parents share legal and physical custody rights of their children after divorce. Texas family courts prefer partial custody because it benefits the child the most, rather than placing full custody on just one parent. Notably, a joint custody decision doesn’t necessarily include visitation rights, which can be handled separately.
In Texas, custody is generally determined in one of two ways: through the parents’ agreement or a court order. If the parents agree on a custody arrangement, they will submit a proposed parenting plan to the court for approval. If the parents cannot agree on a custody arrangement, the court will decide based on the child’s best interests.
When deciding custody, the court will consider a few factors, including the child’s age, relationship with each parent, and work schedule. Ultimately, the goal is to create a custody arrangement that is in the child’s best interest and will allow the child to have a strong relationship with both parents. Section 153.009 of the Texas Family Code allows children 12 years of age and older to voice their opinions on who they’d rather stay with. This is not an automatic decision but is carefully considered when making decisions.
While it’s ideal to have both parents in their lives, there are times when custody must be awarded to only one parent. There are plenty of reasons why a parent may not gain or lose custody of their child, but some of the most common include abuse, neglect, drug use, and mental health issues.
Cases of abuse or neglect and the child’s safety are of paramount concern; custody will be awarded to the parent who can provide a safe and stable home. If either parent has a history of drug use or mental health issues, the court may determine that they cannot provide adequate care for their child. Ultimately, the custody decision will be made based on what is in the child’s best interests.
We know that you want what is best for your child. We do, too. Our Frisco custody lawyers focus on helping moms and dads find a peaceful, private, and dignified way to resolve their custody and parenting time differences. So how do we do that?
You’re in the thick of it; we’ve got the benefit of distance. You can count on your Albin Oldner Law attorney to help you step back and see the forest for the trees so your actions work toward your goal.
Each of our child custody attorneys has years of experience handling child custody cases (in Texas it’s called “conservatorship”) in Collin County and Denton County family courts. We’ve seen it all (and know what Judges think about certain issues). Let us put that knowledge to work for you.
Whenever possible, we help our clients reach a satisfactory child custody agreement without going to court. Our attorneys are skilled mediators. Our Frisco child custody attorneys have handled over 2,200 mediations, arriving at a successful resolution 98% of the time. Child custody mediation can save you considerable time and money.
It’s not always possible to negotiate or mediate a child custody and visitation agreement. Sometimes it does take a judge’s ruling. We’re ready to represent you in trial court.
When it comes to conservatorship in Texas, the court presumes that both parents will serve as “joint managing conservators” of the children. In other words, barring unusual circumstances, parents will typically have joint custody.
However, this does not mean both parents have equal parenting time or decision-making authority. Only one parent can serve as the primary residential parent. You and your co-parent must choose or go to trial and let a judge choose for you. When needed, we help our clients access professional custody evaluators, psychologists, psychiatrists, and counselors to assist them in making this challenging decision. Child support will be tied to this living arrangement.
Our firm represents many professional and celebrity parents whose jobs take them away from home regularly. Military families face similar issues. These are tricky situations, and solutions are unique to the family and the children.
Read about how we help clients with child relocation on our page about Modifications of Court Orders.
A somewhat related issue is the potential for child abduction. Our community is home to many tech and medical companies that employ highly skilled professionals from other countries. When a divorce occurs in one of these professional families, the American parent may be concerned about children being taken overseas for a visit and not returning. Contact our office to talk about steps you can take to protect your parenting agreement.
This occurs when one parent works to undermine the children’s relationship with the other parent. This is tremendously unfair to the children and such hostile and abusive parental behavior can shift the scale in a child custody or parenting time decision.
At Albin Oldner Law, we have extensive experience handling custody cases. We understand the importance of custody to both parents and children, and we will work tirelessly to try to get the best possible outcome for your family. We will evaluate your case and develop a custody plan that is in the best interests of your children.
Schedule a meeting with one of our child custody attorneys in Frisco. We think you’ll find our lawyers easy to talk to and ready to explain your legal rights and options.
Full or sole custody is possible in Texas but isn’t common. If that arrangement is safe and reasonable, family law judges prefer to let both parents see and raise their children after a divorce. Typically, removing one parent from a child’s life can be confusing for the child and damage their development.
However, you could argue for full custody if you can prove that it is not in your child’s best interests – or would be physically dangerous – for your ex-spouse to get any custody rights.
You must present evidence that the other parent has a history of abuse, neglect, or abandonment. You may also need to present evidence that the other parent is not fit due to factors such as substance abuse, mental illness, or criminal history.
If you are considering seeking full custody of your child in Texas, speaking with an attorney who can help you understand the process and protect your rights is essential.
Child custody order modifications are possible if the current order is no longer tenable and makes undue hardships for you and your child. A petition to modify the order can be filed with the same court that approved the original order or divorce order unless the child has moved to a new county. As with the original order, the court will only approve a modification if it will benefit the child’s best interests. It will not approve of an order only to benefit a parent.
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