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Shared Custody and Visitation

When parents of a child are separated or get a divorce, they have to determine the child’s custody and visitation rights. Custody arrangements can include shared custody or sole custody. Joint legal custody and joint physical custody mean the parents both have the right to make legal decisions for the child and share physical time with the child. Even when both parents have shared custody, the parent who spends the most time with the child is generally considered the custodial parent. The other parent has visitation rights and can see the child based on the visitation schedule and custody order.

Legal Issues in Child Custody Disputes

When parents cannot agree on a child custody agreement that works for everybody, they may have to go to court to have family law matters decided. In most cases, the court will first have the parents go through mediation to work together on a schedule. If mediation does not work, the court may decide the custody and visitation arrangement.

How Do Judges Decide Child Custody

Family court judges must consider what is in the best interests of the child when determining custody. The court can consider several factors, including the child’s relationship with the parents, the parents’ work schedules, the child’s wishes, siblings and extended family, distance between parents, cooperation of the parents, safety and stability, and any other relevant factors. In most cases, judges emphasize making sure the child will spend time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and in which situation the child will be most likely to thrive.

Taking Away Parental Rights

Parents can lose their parenting rights if the child is abused, abandoned, or in an unsafe environment. A parent or the state can petition for a termination of parental rights. The other parent will have a chance to respond in court to present their side of the story. Grounds for terminating parental rights include abuse, neglect, or abandonment.

Can I Change a Child Custody Order?

If both parents are unhappy with the current custody arrangement, you can negotiate a change to your agreement or modify the child custody order. If a family law judge feels that the changes are in the child’s best interests and benefits outweigh any negative impacts, then the court may modify the child custody order. If you want to change a child custody order and the other parent disagrees, you may need to show a substantial change in circumstances to justify the change. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, domestic violence, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling visitation.

What If My Ex Isn’t Paying Child Support?

It can be very difficult for a custodial parent to take proper care of their child if the other parent isn’t paying their fair share. However, in most cases, a parent’s failure to pay child support or spousal support is not enough to deny visitation. If your ex isn’t paying support, you can contact your Texas child support program to enforce child support orders.

How a Texas Child Custody Attorney Can Help

A family law attorney can help you resolve your custody legal issue and guide you through the process. Child custody lawyers can help you navigate the legal system, while avoiding costly mistakes or procedural errors. For legal advice on your custody issues, you should look for a family law firm with a practice area that focuses on Texas child custody cases like yours.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

What to Expect from an Initial Consultation

• Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
• It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
• Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.

An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.

Does firm size matter?

For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney’s track record in bringing about quick, successful resolutions to cases similar to yours.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.