Child Custody Attorneys – Disputes of Child Custody
Frequently parents of children find themselves disagreeing over child custody issues including which parent has the exclusive right to determine the primary residence of the child and the domicile restriction that will apply to the residence of the child once the parents have separated and/or divorced. Further, the rights, powers, and duties of each parent will be set out in a child custody order. The Texas Courts attempt to determine what kind of child custody situation and parenting plan will be best for the child that is before the court. Many factors can be considered by the Court in making such a decision. Therefore, most parents need the insight and guidance of a child custody lawyer in assessing their child custody case and how to proceed in making decisions with regard to either litigation of their child custody case or their attempts to settle their child custody case by forming agreements with the other parent. Most child custody cases are usually ultimately resolved by an agreement of the parents, as to workable scenarios regarding where the child will primarily live, each party’s possession of the child, and the support of the child. In the event your child custody matter cannot be resolved by agreement, your child custody case will proceed forward in the court where you case is pending so that the judge or a jury will make the decisions regarding the child.
Texas Family Law and Child Conservatorship
The Texas Family Law uses the terms “conservator” and “conservatorship” when addressing child custody issues instead of using the terms “custodian” and “custody.” Further, the Texas Family Code provides that the parties in a child custody case shall either be appointed as joint managing conservators (commonly referred to as “joint custody”) or with one party being appointed as the sole managing conservator (commonly referred to as “sole custody”) of the child and the other party or parties being appointed as a possessory conservator(s). Although, many people believe that the parties that have joint custody will have an equal possession of the child or a 50/50 possession schedule; however, that is not accurate. Please see our website for further information regarding child visitation and possession.
Additionally, it is important for parents to establish child custody and each parent’s visitation with the child in a court order, because if there is no court order regarding the child, parents have an equal right to possession of the child and one parent could withhold the child from the other parent. No parent wants to see their child as a pawn in a tug of war.
Although, child custody is often an issue divorce cases, many times it is also an issue in other types of family law cases, such as paternity actions, grandparent actions, or other third party actions. Please see our website for further information regarding these actions.
Often times circumstances of a party or a child will change after a final order has been signed by the judge regarding child custody and/or visitation and a new and/or modified child custody order and/or child visitation order may be entered with the Court. Please see the Modifications page of our website to learn more.
Contact Timpa Law Office – Child Custody Attorneys in Rockwall, TX
If you are in need of a Child Custody Lawyer in the DFW area, contact Timpa Law Office.