Child Custody Attorney
Child custody refers to parents’ rights and responsibilities with their children following a divorce, legal separation, or paternity ruling. If you and the other parent divorce amicably, you and the other parent can agree on a parenting plan that specifies how long you and the other parent will have custody of your kid. However, If you and the other parent cannot reach an agreement on a parenting plan, the court must make a judgment based on what is best for your child or children.
Having a child custody attorney on your side can not only assist in alleviating the stress of court processes, but it may also make a significant difference in securing a favorable conclusion.
Before hiring a child custody attorney, it is vital to understand some fundamental facts about child custody and how it is determined.
Types of Child Custody
Custody is separated into two types: “legal custody” and “physical custody” (which is further subdivided into “sole physical custody” and “shared physical custody”)
Legal custody denotes a parent’s legal ability and duty to make health and education decisions for their minor child. Unless there is a compelling cause, both parents maintain legal custody in the majority of situations. Even if a parent is denied physical custody, they are almost always awarded legal custody.
Physical custody might be the most contentious aspect of any divorce. The choice of where the children will live frequently restricts one parent’s time with the children. Most of the time child support is given from a father to his children.
Your Child’s Best Interests
In child custody issues, the court will always consider what is best for the kid. As a result, all legal custody, physical custody, and visitation orders are based on what is best for your kid.
The following factors will be considered by the court in determining what is best for your child or children:
- If you or the other parent have a history of domestic violence or substance abuse.
- Where your child attends school.
- Your and the other parent’s ability to care for the child.
- Your and the other parent’s emotional relationship with the child.
- Your child’s age.
- Your child’s health.
- Your child’s involvement in the community.
Court Decisions On Child Custody
Texas courts may infer that parents will share parental rights and obligations while deciding custody of a child. The responsibilities do not have to be distributed evenly. If the divorced parents are unable to agree on custody via negotiation or mediation, a Texas court will make a decision.
A Texas court may use sociological studies or psychological examinations when making a custody determination. If a kid is 12 years old or older, they can sign an affidavit stating that they prefer to live with one parent, but the court is not required to follow the child’s preferences.
How is Child Custody Determined-Do I Need A Child Custody Attorney?
It is a brilliant idea to consider hiring a child custody attorney in order to secure the best potential outcome for your scenario. If your case is complex, involves many jurisdictions, or your ex is attempting to limit your time with your kid, your attorney can fight for the sort of custody arrangement that you desire. Furthermore, if the court directs you to attend classes or treatment, you are already at a deficit, but a child custody attorney can help you through the court system while keeping your parental rights.
Contact Us, If You Want To File A Child Custody Claim
Are you looking for a skilled child custody attorney? No need to worry since we have got your back; contact the Guerra Law Firm, P.C., for a free consultation. We will professionally analyze your case and advise you on your next steps.
Areas We Service
- San Juan
- San Marcos
- Three Rivers