One of the hardest and most emotional types of family law cases is the custody case, but our Dallas, TX child visitation lawyer is here to help you. Whatever the situation you are facing whether it is divorce or separation, it is vital for parents to know how child custody works here in Texas.
Our firm has been assisting clients in Texas with their family law cases for over a decade, and our attorney has been recognized in the American Institute of Legal Counsel’s Top 10 for Best Client Satisfaction. To discover how we can assist you with your custody case, contact the Brandy Austin Law Firm today.
Understanding Conservatorship
In Texas, custody is legally referred to as “conservatorship.” The two main types of conservatorship are Joint Managing and Sole Managing Conservatorship. These relate to the parent’s legal rights and responsibilities to their children. In Texas, Joint Managing Conservatorship is the most common arrangement, and it involves both parents sharing the rights and responsibilities for their children, even if the children live with one parent. Sole Managing Conservatorship is when only one parent can make the decisions for the child. This type of conservatorship usually occurs when one other parent is abusive or absent.
Another important component of a custody case to consider is visitation. Visitation refers to the time the parent spends with the child/children. In Texas, courts use a Standard Possession Order which usually includes extended summer vacations, alternate holidays, and a certain number of weekends for the month.
The Court’s Decision
The court will make a decision based on the best interest for the children involved, not favoring the mother more or the father. Some factors that the court may consider include the parent’s ability to take care of the child, any past abuse or neglect, the emotional and physical needs of the child, and also what the child prefers if they are older than 12. Allowing the child to have a say in whether they want to be with their mom or dad is very important, as this is a significant change for them.
Oftentimes, the most favorable outcome is one where both parents are able to come to a mutual agreement without the court having to make a decision. Once the parents have created a plan for visitation/holidays and where the children will be living, the plan needs to be submitted to the court for approval and for it to become a legally binding document.
Contact Our Attorney Today
If you are experiencing a divorce or separation with kids involved, our team can provide you with experienced guidance and assistance that prioritizes the well-being of your children. We are here to help you make the best legal decisions and inform you to make the best decision for the benefit of you and your children. If you are facing a custody issue, don’t go through it alone. Contact the Brandy Austin Law Firm today to discover how we can assist you.