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Custody

Child Custody Lawyer Denton County

Dedicated Child Custody Attorneys Serving Denton County, Flower Mound, Carrolton & Highland Village

Deciding who will have custody of the children can be one of the most contentious, emotional, and disputed issues that will come up during a divorce. Divorcing parents must finalize their parenting plan during the process. Managing your child custody rights is essential, as the final plans the court orders by either agreement or trial can dramatically affect the relationships of everyone involved.

The divorce process is additionally important because it is the first and last time that parents will face each other on a level playing field. Emotions can cloud a normally rational parent’s judgment, making child custody legal matters even more challenging.

Our Denton County child custody attorneys are passionate about family law and have forged careers with family law as the foundation. We have handled almost every conceivable child custody matter. We work both with divorcing spouses and with parents who never married. Additionally, we continue to educate ourselves so we can stay abreast of emerging issues and laws in Texas child custody and family law. We are a part of the legislative process by reviewing bills affecting families when legislative sessions convene.

Give us a call or contact us online to schedule a consultation with an experienced Denton County child custody attorney today.

How Our Lewisville Child Custody Attorneys & Lawyers Can Help

We use our knowledge and experience to help clients with:

  • Determining legal custody (who makes the major decisions for your child) and physical custody (where your child lives), and establishing joint or sole child custody
  • Drafting parenting plans and determining visitation/possession rights
  • Matters regarding child relocation to other cities, states, and countries due to a host of factors, not the least of which are remarriage and employment changes
  • Dealing with issues of parental alienation and loss of both quality and actual time with a child during their formative years
  • Drafting and reviewing child support agreements that protect your interests and are in the best interests of your child
  • Parents’ rights issues relating to lifestyle or differences in raising children
  • Paternity issues
  • Modifying or enforcing divorce decrees
  • Establishing joint or sole child custody
  • Determining visitation/possession rights
  • Establishing grandparents’ rights

As we work on child custody cases, we do not accept standard procedures. We find ways to cut costs for our clients without cutting corners. We use informal methods to settle disputes outside of the courtroom within the first weeks of the case being filed whenever possible. We eliminate expenses by avoiding unnecessary and costly social studies and psychological exams when applicable.

Legal vs. Physical Custody in Texas: Explained

In Texas, child custody is typically divided into two main components: legal custody and physical custody.

Legal Custody

A parent with legal custody is responsible for making important decisions regarding their child's upbringing. Educational, health care, religious upbringing, and other significant aspects of a child's life are included in these decisions. In Texas, legal custody can be awarded as either sole or joint custody.

Understanding the nuances of legal custody can be crucial. Joint legal custody fosters an environment where both parents actively engage in major decision-making processes for their child's well-being, despite any personal differences. This collaboration is essential in ensuring that the child's needs are prioritized. Conversely, sole legal custody is generally reserved for circumstances where a joint arrangement might not serve the child's best interests, possibly due to conflict or communication issues between the parents.

  • Sole Legal Custody: Child decisions are made exclusively by one parent. Joint decision-making is less common and usually reserved for situations where it is deemed inefficient or not in the child's best interests.
  • Joint Legal Custody: Both parents share the responsibility of making decisions for the child. Joint legal custody encourages collaboration and communication between parents, ensuring that major decisions are made collectively.

Physical Custody

Physical custody, commonly known as possession and access in Texas, pertains to the child's physical residence. The parent granted physical custody assumes the day-to-day responsibilities for the child's care and well-being.

When discussing physical custody, it's important to consider the emotional and logistical aspects. For children, having a consistent routine with clear living arrangements helps provide stability. Additionally, joint physical custody arrangements might require meticulous planning to ensure that children maintain meaningful connections with both parents. This type of custody not only supports a balanced relationship but also can prevent feelings of alienation or neglect that might arise from spending unequal time with parents.

  • Sole Physical Custody: The child primarily resides with one parent, and the other parent may have visitation rights.
  • Joint Physical Custody: The child spends significant time with both parents, and they share physical custody, promoting a more balanced time-sharing arrangement.

Deciding on legal and physical custody takes into account factors such as the child's best interests, the parents' ability to collaborate, and other pertinent considerations. Seeking legal advice is recommended to navigate the intricate aspects of child custody in Texas successfully. Our experienced Denton County child custody attorneys can help.

Can a Mom Get Full Custody in Texas?

There are minimal circumstances where a judge will agree to grant the mother's sole parent custody in Texas, but it is possible. The state of Texas refers to full sole custody as sole managing conservatorship. With that said, sole managing conservatorship may not be required, depending on your goals. Understanding the criteria for full custody, or sole managing conservatorship, is crucial. 

This status does not just revolve around the desire of one parent; it focuses heavily on the child's welfare. Courts consider factors such as the mental and physical health of each parent, potential harm to the child, and the existing parent-child relationship before designating sole managing conservatorship. In Texas, the child's best interest is always the primary focus. Therefore, understanding the judge’s perspective and approach towards evaluating these factors can be pivotal in child custody disputes.

Let Our Texas Child Custody Attorneys Assist Your Family

With each case, we take a total team approach. The attorney you initially see will always manage your case. Afterward, our team meets to review your case. We then hand the case to an attorney or staff member who can provide you with the best and most economical representation.

In addition, our experience and effectiveness in handling child custody and relocation issues are matched by our child support law experience. We work with a certified divorce financial expert to ensure your family has the best possible child custody outcome, regardless of whether you are the payer or payee. The experienced Denton County child custody attorneys here at North Texas Family Lawyers are proud to serve the families of the North Texas area and will be happy to serve yours too. 

Understanding the financial complexities involved in child custody cases can significantly influence the outcome. By working closely with a certified divorce financial expert, we help illuminate the financial realities of each case, providing tailored guidance to ensure you are fully informed about your options. This comprehensive approach ensures that we address both the immediate and long-term financial implications of your custody arrangements, offering peace of mind during what is undoubtedly a turbulent time.

The Role of Mediation in Child Custody Cases

In Denton County, mediation serves as a practical avenue for resolving child custody disputes. Mediation involves both parents working alongside a neutral third party to discuss and resolve issues amicably, away from the courtroom. This process not only facilitates more tailored solutions that meet the family’s unique needs but also empowers parents to maintain control over the crucial decisions affecting their children's future. The collaborative approach encouraged by mediation can foster a healthier post-divorce relationship between parents, beneficial for the children involved.

Many families find mediation to be a more cost-effective and timely resolution compared to litigation. Sessions are structured to enable open dialogue where parents can negotiate terms regarding custody, visitation arrangements, and child support collaboratively. The mediation process emphasizes reaching a consensus that upholds the best interests of the child, thereby minimizing potential conflict and trauma. Engaging in mediation with the assistance of skilled legal counsel from North Texas Family Lawyers can ensure that your rights are protected while working towards a constructive outcome.

Why Choose Our Denton County Child Custody Attorneys & Lawyers?

Choosing a child custody lawyer is a pivotal decision that can have lasting impacts. At North Texas Family Lawyers, we are deeply committed to offering personalized legal solutions tailored to your unique circumstances. Our attorneys use their vast knowledge of family law and local Denton County regulations to craft strategies that align closely with our clients' goals while prioritizing the well-being of the children involved. We believe that every family's situation is unique and requires a meticulous approach tailored to meet specific family dynamics and futures.

Our team includes attorneys who are Board Certified in Family Law by the Texas Board of Legal Specialization, underscoring our commitment to excellence and authoritative representation. Moreover, we distinguish ourselves by fostering open communication with our clients, ensuring they are actively involved and informed at each step of the legal process. 

We recognize that transparency and understanding are crucial to reducing the stresses associated with custody disputes, and we are dedicated to providing an empathetic and supportive environment in all interactions.

Give us a call or contact us online to schedule a consultation with an experienced Denton County child custody attorney today.

Expanded Commonly Asked Questions

What Steps Should I Take if I’m Considering a Custody Change in Denton County?

If you're contemplating a change in your child custody arrangement, the first critical step is consulting with an experienced attorney familiar with Denton County's specific legal landscape. Begin by documenting any incidents or changes in circumstances that warrant a custody modification. This typically includes changes in the child's living conditions, parental relocation, or any factors that may impact the child's well-being. A custody lawyer at North Texas Family Lawyers can guide you through the intricate process of filing a petition in the local family court.

The court will assess several aspects, such as the stability and appropriateness of the child’s current environment, and whether the proposed changes serve the child’s best interests. Presenting thorough documentation and a clear rationale is pivotal. With experienced legal support, you can navigate these proceedings more effectively and potentially avoid common pitfalls. It’s also essential to remain patient and flexible as the court evaluates the situation extensively, ensuring any changes will benefit your child's future well-being.

How Can I Prepare for a Mediation Session Regarding Child Custody?

Preparation is key to a successful mediation session for child custody. Start by gathering relevant documents, such as your current custody arrangement, financial records, and any communication logs with your co-parent. It’s crucial to approach mediation with a clear understanding of your priorities and areas where you might be willing to compromise. Keeping the focus on the child’s best interest will guide these discussions towards a constructive resolution.

Prior to your session, it may be beneficial to consult with your legal representative at North Texas Family Lawyers to formulate a strategy and understand your rights and obligations. Some parents also find it helpful to engage in counseling or support groups to manage emotions effectively during mediation. This preparation not only helps in presenting clear proposals but also facilitates more productive dialogues, leading toward amicable solutions. Staying calm and open-minded will serve you well in working collaboratively with your co-parent during mediation.

What Are Common Mistakes Parents Make During Custody Disputes?

In the throes of a custody dispute, it's understandably challenging for parents to maintain composure, but some common errors can adversely affect outcomes. Avoid speaking negatively about your co-parent in front of the child, as courts generally favor arrangements that promote a positive relationship with both parents. Emotional outbursts in court or mediation settings can also undermine your position, portraying you in a less favorable light.

Failing to maintain thorough records of compliance with existing custody arrangements can severely impact your case. Document interactions, visitation schedules, and any issues objectively, without inflaming situations further. Additionally, neglecting legal advice due to perceived simplicity of self-representation may cost valuable insights on Denton County’s intricacies. The experienced attorneys at North Texas Family Lawyers can help avoid these pitfalls by guiding you through each step and crafting a nuanced strategy that supports your child’s and your best interests.

How Does Denton County Consider a Child’s Preference in Custody Decisions?

In Denton County, as in other parts of Texas, a child’s preferences regarding custody can be taken into consideration by the courts, primarily when the child reaches a reasonable age and maturity. While the child's opinion is not the deciding factor, it does play a role in the broader assessment. Judges carefully evaluate whether the preferences align with the child’s best interests, upholding the principle that the child’s welfare takes precedence.

The court typically conducts interviews or appoints a guardian ad litem to represent the child's views. Factors such as the child’s relationship with each parent, schooling, and overall adjustment to their environment are assessed alongside the child’s expressed wishes. While sensitive to a child’s input, Denton County’s legal protocols ensure that pragmatic considerations, such as each parent's ability to provide stability and continuity, remain at the forefront of decision-making. Our attorneys at North Texas Family Lawyers can offer guidance to effectively navigate these nuanced procedures, ensuring that all factors are comprehensively considered.

Is it Possible for Non-Parents to Obtain Custody of a Child in Texas?

While less common, there are circumstances where non-parents, such as grandparents or other relatives, may seek custody of a child in Texas. When parents are unable or deemed unfit to care for their child, non-parental custody arrangements might be considered. The courts will evaluate whether the non-parent can provide a more stable and nurturing environment, focusing consistently on the child’s best interests.

For a non-parent to obtain custody, substantial evidence highlighting the biological parents’ inadequacy or the necessity of a new arrangement must be presented. Factors like neglect, abandonment, or severe conflict within the home could influence the court's decision. It’s crucial for non-parents pursuing this route to demonstrate their commitment and ability through solid documentation and testimony. Engaging experienced legal counsel from North Texas Family Lawyers can be invaluable in such cases, ensuring that your petition is compelling and firmly grounded in the child's welfare.