Types of Child Custody in Texas
Texas' legal terminology concerning custody differs slightly from that of other states. In TX, it is known as "conservatorship," and we refer to parents as "custodians." This distinction is vital for understanding legal documentation and proceedings involving custodial rights and responsibilities.
With child custody laws in Denton County, Texas, there are two types of conservatorships:
- Joint managing conservatorship (i.e., JMC)
- Sole managing conservatorship (i.e., SMC)
Be that as it may, these terms refer only to a custodian's authority to participate in decisions affecting the child's health, education, religious upbringing, and general welfare. An order calling for a JMC or SMC does not comment on where the children will reside, commonly called physical custody.
Courts in Texas decide physical guardianship and visitation (sometimes called "parenting time") in a separate "possession order" (i.e., PO). Your PO lays out the schedule for "possession," referring to when a parent provides a residence for the children, and "access," which covers the parenting schedule for a noncustodial parent.
Denton County courts favor JMCs when parents are responsible and engaged in their children's welfare. Courts can fashion POs to meet the specific needs of the parents and children or approve specially tailored POs the parents can agree upon.
If both Texas parents happen to be deceased, unfit, or not present, then a judge in Denton County may award third-party conservatorship to:
- An individual that has been caring for the child for the past six months
- The closest living relative
If you feel you should be awarded third-party conservatorship, you may have to file a lawsuit. This is where we come in. Call our child custody lawyers in Denton County, Texas today: (972) 236-7798!
Custody Factors That Texas Family Court Considers
When navigating child custody issues, the guiding principle for a family law court in Denton County, TX, is the child's best interest.
The court in Denton County considers several factors in this endeavor, which include:
- The parent can agree, communicate, and cooperate in custody matters relating to the child.
- The parent's willingness to accept custody and any history of unwillingness to allow parenting time are not based on substantiated abuse.
- The interaction and relationship of the child with parents and siblings.
- The history of domestic violence, if any.
- The children's safety and the protection of either parent from physical abuse by the other parent.
- The children's preference is when they are of sufficient age and capacity to reason to form an intelligent decision.
- The needs of the children.
- The stability of the home environment is offered.
- The quality and continuity of the children's education.
- The fitness of the parents.
- The geographical proximity of the parent's homes.
- The extent and quality of the time spent with the child before or after the separation.
- The parent's employment responsibilities and ability to provide a nurturing environment.
- The age and number of the children.
Commonly Asked Questions on Child Custody
How Can I Prepare for My First Meeting with a Child Custody Lawyer in Denton County?
Gather all relevant documents related to your case, including any previous custody agreements, communication with the other parent, and financial records. Also, prepare a list of questions you want to ask and be ready to discuss your goals and concerns regarding custody. Being prepared helps streamline the process, ensuring you gain the most from your consultation.
What Is the Typical Timeline for a Child Custody Case in Texas?
The timeline can vary widely depending on the complexity of the case, the willingness of both parties to negotiate, and court schedules. Generally, it can take several months from filing to resolution, but some cases may take longer, especially if they go to trial. Despite the variability, our legal team strives to handle these cases efficiently while prioritizing your child's needs.
Are Child Custody Decisions in Texas Permanent?
No, custody decisions are not necessarily permanent. They can be modified if there are significant changes in circumstances, such as a change in a parent's job, relocation, or changes in the child's needs. Our child custody attorneys can help evaluate whether seeking a modification might benefit your situation.
What Should I Do If I Believe My Child's Safety Is at Risk During Custody Exchanges?
If you believe your child's safety is at risk, document any incidents and consider speaking with your lawyer immediately. You may also want to request supervised exchanges or involve law enforcement if necessary to ensure the safety of your child. Quick action is crucial in these situations to protect the well-being of your child.
Can Third-Party Conservatorships Be Awarded If Both Parents Are Deceased or Unfit?
Yes. If both Texas parents happen to be deceased, unfit, or not present, then a judge may award third-party conservatorship to an individual that has been caring for the child for six months or the closest living relative. Such decisions aim to provide a stable, loving environment for the child.
What Rights Does a Father Have in Denton County, TX?
In regards to child custody in Denton County, TX, a father has just as many rights as the mother as long as the following conditions are met:
- Paternity has been established - The father can do this in several ways, the easiest being that you are married to the mother of the child and presumed to be the father once the child is born. Establishing paternity is essential to asserting parental rights and actively participating in your child's life decisions.
- You are "fit" to parent - While this also applies to the mother, being ruled unfit by a judge in TX can severely impact your custody and visitation rights. In addition, false allegations against you can bear heavy consequences for whomever made a claim. Ensuring a nurturing environment for the child is both a right and responsibility.
If you are unmarried and have yet to establish paternity, then you will not be able to make critical decisions for your child, such as where they will go to school, what healthcare options they will have, etc. Safeguard your rights by retaining our family law services today and establishing your legal standing as a parent. This ensures you have a say in the upbringing and care of your children.
Why Choose Our Denton County Child Custody Lawyers?
- Extensive experience: Our attorneys have years of experience handling child custody cases in Flower Mound, Highland Village, Argyle, and throughout Denton County. We have a proven track record of success in advocating for our clients and achieving favorable results. Our history reflects our dedication to pursuing effective outcomes for families.
- Compassionate guidance: We understand that child custody disputes can be emotionally challenging. Our lawyers provide compassionate and understanding guidance throughout the entire legal process, ensuring that you feel supported and informed every step of the way. We aim to reduce stress while advocating strongly for your rights.
- Customized strategies: Every child custody case is unique, and we believe in tailoring our legal strategies to meet the specific needs and goals of our clients. We will work closely with you to develop a personalized approach that best suits your situation. Our strategy is rooted in the fact that each family is different, and thus requires bespoke solutions.
- Strong advocacy: Our child custody lawyers are skilled negotiators and litigators. We will tirelessly advocate for your rights and interests, whether through negotiation, mediation, or representation in court. Our goal is to achieve a favorable resolution that prioritizes the well-being of your child, ensuring their welfare is at the forefront of our legal efforts.
- Transparent communication: We believe in open and transparent communication with our clients. Our lawyers will keep you informed about the progress of your case, answer any questions you may have, and provide honest and realistic assessments of your options. Trust and clarity form the basis of our client relationships.
When it comes to child custody matters, don't leave the outcome to chance. Contact our experienced Denton County child custody lawyers at Burrows Law Group today to schedule a consultation and get the dedicated legal assistance you need. We are committed to working closely with you, ensuring every decision aligns with your family’s priorities.
Protect Your Child's Best Interests with Experienced Child Custody Lawyers
When it comes to child custody disputes, it's crucial to have a skilled and knowledgeable attorney by your side to ensure that your child's best interests are protected. At Burrows Law Group, our experienced child custody lawyers in Denton County have a deep understanding of the complexities of family law and will fight tirelessly to achieve the best possible outcome for you and your child. We aim to create a stable, supportive environment wherein both parents and children feel respected and valued.
Our child custody lawyers work diligently to achieve your goals for custody so you can maintain a loving relationship with your children. However, suppose you need legal counsel for a conservatorship dispute during or after divorce. In that case, we encourage you to contact a certified family law attorney at Burrows Law Group serving Denton County, TX. Keeping your child at the heart of our service is our priority.
Our child custody attorneys are prepared to help with dedicated and highly personal legal services. Request your consultation by calling (972) 236-7798 or completing our online form today.
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