Child Custody Lawyer Arlington, TX
If you are going through a divorce or separation and have children, you will need a child custody lawyer Arlington, TX trusts. The Brandy Austin Law Firm can help you make decisions that address where your children will live, how they will spend time with each parent and who will make decisions about legal issues like medical care. It’s important to note, even if you were never married, it’s important to have a custody order in place by the court. Our firm regularly files Suits Affecting Parent-Child Relationships (or SAPCRs) for separated parents. Arlington, TX child custody lawyers can also assist in modifying your current child custody orders if those orders no longer reflect the needs of your family.
We Know That Custody Decisions Are Extremely Difficult To Make
We understand that these are difficult decisions, especially if the divorce or separation is very contentious or there is a lot of anger or sadness by one or both parents. As a loving parent, you do not want your children to suffer or be put in the middle of the divorce. Our experienced Arlington, TX child custody lawyers can help you work through the painful process of dividing your children’s time between two households. As a child custody lawyers from Arlington, TX can attest, having a third-party on your side looking out for you and your child or children’s best interest is of the utmost importance. We know that this can be emotionally charged time. You can set up a free consultation with the Brandy Austin Law Firm, PLLC by calling 817-841-9906 to discuss your specific case.
as going through a divorce is never easy and you may need legal guidance from a child custody lawyer Arlington, TX provides. Below are a few Q&As to help you understand some of the different aspects of child custody law:
What factors does a court look at when determining who should get custody of a child?
When determining who will receive primary custody, a primary question is important to consider: What is in the best interest of the child? A child custody lawyer Arlington, TX parents trust may look at the following factors:
- Each parent’s financial and physical ability to provide a child with essential needs, such as food, shelter, clothing, and medical care
- A parent’s physical and mental medical history
- The child’s age, sex, and medical history
- Any parental habits that may negatively impact the child, such as excessive drinking or smoking
- The wishes of the parents
- The willingness of each parent to support the child’s relationship with the other parent
- The level of adjustment needed from the child if forced to move to a new school, city or state
If the child is at least 12 years old, their wishes are typically taken into consideration and they may be given a choice of which parent to stay with. Several factors are considered when deciding the custody of a child, and the decision is not taken lightly. A child custody lawyer in Arlington, TX may be able to provide guidance when these decisions are made.
Can we resolve child custody without going to court?
Yes. A child custody lawyer Arlington, TX has to offer may suggest that solving custody issues outside of the court may be in your best interest. This can be done through mediation, which is an informal settlement negotiation. The mediator’s role is to assist the parents in creating an agreement on their own, and to help them avoid the sometimes hostile, stressful, and traumatic litigation of a custody dispute. The mediator however, does not have the power to impose a solution. Both parents must agree on a decision, or else the matter may have to go to court.
What are visitation rights and who decides what is fair and reasonable?
Typically, the parent that has primary custody will decide the appropriate visitation parameters. In many situations, the parents can find an agreement surrounding visitation or they can seek the assistance of a child custody lawyer Arlington, TX recommends to help mediate the decision process. However, in situations where an agreement cannot be made, a judge will decide what the visitation rights should consist of.
What is joint custody and how does it work?
An Arlington child custody lawyer may explain that there are two parts of joint custody. Parents are at liberty to choose both forms of custody or just one.
Joint legal custody: In this situation both parents share the major decisions that affect their child. This could include what school they attend, health care, religious practices, discipline methods, and much more.
Joint physical custody: This refers to the amount of time spent with each parent. A child custody lawyer Arlington, TX relies on may be able to provide guidance when choosing how the time can be split among the parents.
What should my next step be?
Settling disputes about child custody between you and your spouse may seem like a daunting task. A child custody lawyer Arlington, TX trusts from Brandy Austin Law Firm may be able to help providence direction and legal reassurance with your child’s best interest in mind.
Legal Considerations for Child Custody Cases in Texas
Custody in general encompasses the concepts of physical custody and legal custody, which give a parent two distinct types of “custody” over their children. It is possible for the court to allow both parents to have joint legal and physical custody (known as joint managing conservators) of their children or a combination of the two. It’s also possible for one parent to receive sole custody, known as a sole managing conservator). A knowledgeable child custody lawyer Arlington, TX counts on can explain the differences between conservatorships and the available and best combinations that fit your situation.
It’s important to note that legal custody gives a parent the right to make legal decisions about their child, such as authorizing a child to receive a vaccine at a visit to the pediatrician or selecting the school a child attends. These are part of the rights and duties that may be divided by the Texas Family Law Court. It’s important to have a prioritized list of the rights that are most important for you. An experienced child custody lawyer Arlington, TX trusts can help you understand your options and decide what is best and most important for you.
While legal custody gives parents legal rights and duties, physical custody gives a parent the right to have the child physically present and either living or visiting that parent’s home. In some situations, supervised possession either with a family member or family court services may be necessary.
Military Custody Issues in Texas
Special consideration is given to military families. Parents serving in the military and unable to visit their children while away on active duty are afforded certain custody protections if the spouse files for divorce or files a SAPCR. A child custody lawyer Arlington, TX prefers in military divorces can help you navigate the military and divorce. We even have a veteran attorney who has personal military knowledge in the family law department to help other military families through the process.
Child custody issues can also come up long after a divorce is final. Regardless of what your divorce decree states, you or your ex-spouse may need to ask the court to modify an existing custody order. Depending upon the reason for the modification request, it may or may not be granted. Custody does not end when a divorce decree is signed. Custody issues last throughout your children’s childhood. It’s important that you have a court order that reflects the current state of your family’s needs.
Making Child Custody Decisions During Divorce
Have you and your partner decided to part ways? Our Arlington, TX child custody lawyers at the Brandy Austin Law Firm, PLLC can tell you that this is far easier said than done. Although it may be difficult to reach this decision, the actual act of separating the lives the two of you have shared can be a momentous task. With emotions already running high, you will need to come to some kind of an agreement regarding the custody of the children you have together. This can be one of the most difficult components to divorce proceedings. Contacting an Arlington, TX child custody lawyer can provide you with the assistance you need in understanding the options you may have when faced with child custody and your divorce.
Legal Custody Vs Physical Custody
Child custody lawyers from Arlington, TX know that there are a multitude of options regarding child custody. Determining legal and physical custody will likely come into play as you make child custody decisions in the state of Texas. There is no one size fits all custody agreement. While there may be standard agreements, it’s important to be aware that you and your ex have the opportunity during this process to come up with an arrangement that will work best for you and your children. Physical custody and legal custody are two types of custody that will be considered. Physical custody is when one the child physically is living with one parent. Legal custody is when a parent has the responsibility of making all legal decisions pertaining to the child. An Arlington, TX child custody lawyer wants you to know that this may include things like upbringing, religion, medical care and education. While one parent may obtain both physical and legal custody of the child, it’s important to note that it’s possible for parents to share both physical and legal custody. When making custody decisions, matters can often become heated. When facing some of the most important decisions in your life, it’s important that you obtain legal protection from an Arlington, TX child custody lawyer at the Brandy Austin Law Firm, PLLC.
Making Decisions
In matters involving divorce and child custody, there are two primary ways that a couple may reach a resolution. The preferred option is for you and your ex to endure negotiations in attempts to reach an agreement prior to going to court. Although in some cases this may not occur, it’s important to bear in mind that if you and your ex are not able to come to an agreement, the judge will take on the responsibility of making a decision for you. When they do so, the judge will be charged with acting in the best interest of the child. The judge will look at a number of variables when making this determination, including a parent’s ability to meet their child’s basic needs. A child custody lawyer in Arlington, TX can step in to support you through negotiations and court proceedings. Not only does the Brandy Austin Law Firm, PLLC have the ability to advocate for your needs, our firm can help to ensure that your case is fully represented in the way that you deserve.
Co Parenting is Key
In the days to come, it will be incredibly important that you and your ex are able to move forward by co parenting together as you care for your children. Our child custody lawyers Arlington, TX residents turn to know that you may be going through a difficult time. However, this significant life change is likely to feel completely devastating for your child. The only life they have known is living under the same roof with both of their parents. Because of this, there’s bound to be an adjustment period. Although it may be difficult, it will be essential that you and your ex are able to put your own feelings aside to be able to provide your children with the best care possible.
When facing divorce and child custody negotiations, you should consider having an Arlington, TX child custody lawyer by your side. The time you are facing will be wrought with emotions. The Brandy Austin Law Firm, PLLC will work closely with you by listening to your needs and helping to advocate for your wishes. Contact a child custody lawyer from Arlington, TX as soon as possible for the guidance you deserve during the divorce and child custody process.
How do you create a parenting plan in Texas?
When you are working to arrange the right parenting schedule for your children, it can be difficult to do when there is animosity between you and your children’s other parent. You may be very unfamiliar with a parenting plan, or, if you are your children’s primary caregiver, you may feel more like you are the only one who has any kind of plan or schedule for them. When you begin working with your lawyer, it is important that you get as much information about a parenting plan as you can and start drafting your plan before going into joint legal sessions or mediation.
What kind of custody rules are there in Texas?
Each state is going to have its own rules regarding what kind of custody arrangement there is. In Texas, you have:
- Conservatorship. This gives you the right to make medical, religious, and educational decisions for your children. Both parents can share conservatorship.
- Possession and access. This is known as having physical custody of your children. When you determine who this is granted to, it means that the parent will be the primary caretaker of the children or it will discuss who the children will split time between each parent.
What goes into a parenting plan?
When you are trying to create a parenting plan, you will want to understand what goes into it. A parenting plan essentially outlines how your children will be taken care of and who will take care of your children. A parenting plan formally states the rights that each parent has when it comes to their children and how much child support one parent will be paying. Your lawyer will help you get into the nitty-gritty details of everything that needs to go into the parenting plan and ensure you have not forgotten anything. This can include who is involved in after-school activities, who picks your kids up from school, and which holidays the children get with you and which holidays they get with their other parent.
Will I be able to make changes to my parenting plan?
Absolutely. If there are changes that are big enough to warrant a modification to the parenting plan, you should speak with your lawyer about what you can do to enact these changes. Additionally, when the child reaches the age of 12, they are allowed to go before a judge and give the judge their preference for where they would like to live. If you are making changes to the parenting plan, it is important to understand that a judge will primarily be looking to see if the changes reflect the best interests of the child, not if it is something that is more convenient for you.
I’m nervous about what will happen with my children. How can you help?
Divorce and child custody arrangements can be scary. While you may be worried about starting fresh for yourself, this can be a huge change for your kids and we know you only want what is best for them. This is why it is important to reach out to our team as soon as you know you will be getting a divorce to start working on a parenting plan that you think will make the most sense for your family.
Contact A Child Custody Lawyer Arlington, TX Trusts
If you have child custody questions, or are facing custody modification or visitation issues, please contact the Brandy Austin Law Firm, PLLC. We are experienced and compassionate child custody lawyers who can guide you through divorce, custody, or modification legal procedures.
You can set up an appointment by calling 817-841-9906 or contacting us online. The Brandy Austin Law Firm, PLLC can offer a free consultation with a child custody lawyer Arlington, TX respects.
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