Navigating Child Custody
There are many reasons child custody has become an issue for parents. The Texas family courts encourage parents and their legal team to work together toward amicable and fair custody arrangements that will benefit the children involved. This is the time to put your feelings, thoughts and animosity aside and put your best efforts forward for your child. Here at the Denis Law Group, we strive hard to protect the integrity of the family for years to come.
How is child custody determined in Texas?
Child custody is determined based on the best interests of the child. The Court is allowed a great deal of discretion when determining child custody in Texas. The court takes into consideration various factors including the following:
- such as the physical and emotional needs of the child,
- the parent’s ability to provide a stable environment and meet the physical and emotional needs of the child,
- each parent’s plan for raising the child
- the wishes of the child, if the child is 12 years of age or older,
- respective finances,
- employment, travel/work hours,
- other siblings in the home,
- if there is abuse of any kind in the home, and
- if a professional recommends a change or for things to stay the same.
Hiring a child custody attorney in San Antonio and the surrounding cities can be the difference between a favorable outcome and a disappointing one. It is essential to have a solid understanding of the relevant laws and regulations in the county you live in. The Denis Law Group has in-depth knowledge of the local laws and regulations that will be used to your advantage.
It is important to guide you through the legal process and ensure that your rights as a parent are protected and that the best interests of your child are met.
Parenting Class
Texas courts will require that both parents go through a co-parenting class. This class will educate the parents on the trauma that can occur in a divorce or separation of the parents and how to co-parent with a person who is not your favorite person anymore. Remember your child did not ask to be put into this position, it is your job to protect them and do right by them, not your feelings of anger or resentment to the other parent.
Taking a parenting class will help with this process.
What types of custody are in Texas?
There are different types of child custody in Texas. The common options include the following:
- Joint Managing Conservatorship. This is the most commonly awarded custody arrangement in Texas. This involves both parents sharing decision-making responsibilities of the child, but one parent may still have primary physical custody. This right gives that parent the right to decide where the child lives, while the other has visitation (possession and access) rights. There are times where the child will be 50/50 with each parent and no one will designate the primary physical custody.
- Sole Managing Conservatorship. This grants one parent the exclusive right to make significant decisions for the child such as medical and school. The non-custodial parent is referred to as the possessory conservator. Possessory conservator allows the non-custodial parent possession and access to the child.
- Third Party Custody. This is granted to the closest living relative or another person who has been caring for the child. This happens when both parents are deemed unfit by the family court, the child has already been in the constant care of another relative or guardian for at least six months, the parents are deceased or not present.
We understand how overwhelming this process is and how daunting walking into a courtroom is. We guide you every step of the way from start to finish. You are prepared to go through this process from the consultation through the final order with our team. We share information with you and prepare you for a variety of outcomes.
There are times that the court will order a custody evaluation or a third party such as an amicus attorney evaluate your home and the home of the other parent to help determine the best interests of the child.
We will work hand in hand with you to gather evidence, prepare legal documents, and represent you in mediation and court proceedings. This will allow you to focus on being the best parent you can be.