Working to keep families connected, even after they split.
Decisions involving children can have lasting effects on their well-being and development. We represent spouses seeking a divorce, or never-married mothers/fathers, to find a solution for their parenting plan. If you are seeking child custody, or are a noncustodial parent looking for visitation rights, our experienced family law practice can help.
The Basics of Child Custody
Below are common forms of custody, awarded to one or more parents following a divorce:
Physical and Legal Custody
In many cases, physical custody is awarded to one parent, who also becomes the “custodial” parent. The child will live with this parent for the majority of the time. The custodial parent, however, shares legal custody with the “non-custodial” parent. Legal custody means that the non-custodial parent maintains the right to make religious, educational, or healthcare-related decisions for the child.
Joint Custody
Joint custody refers to an arrangement where the child spends relatively equal time with both parents. This usually requires lots of cooperation between parents, as much more contact will be had between parents as the child moves between the two homes regularly. This can usually only be achieved if both parents are ready to reach an agreement and show the ability to cooperate during the custody case.
Sole Custody
This is when only one parent holds both physical and legal custody of a child. Typically, this is awarded to a parent when the other parent is deemed abusive or absent.
Split Custody
Split custody involves more than one child, and is when each parent has physical custody of one or more child, effectively “splitting” the siblings across two homes. While courts prefer not to split siblings, this is a less common, but still legal custody ruling.
Our Approach
From the beginning, we seek common ground wherever possible; out-of-court solutions minimize the negative emotional toll a court case might have on you and your child. Ideally, both parties will cooperate in custody matters to do what is right by the child or children. This type of approach sets a positive tone for future dealings, promotes a smooth transition, and preserves relationships. However, when litigation becomes necessary, we take your case to court and advocate strongly on your behalf and in the best interest of your children.
Benefits of Choosing an Experienced Child Custody Lawyer
- We understand child custody laws: With a deep understanding of Texas child custody laws and visitation laws in the Texas Family Code, we know how to advocate for you in a way that works in favor of the law. Before negotiations begin, we can offer sound legal advice so you understand what the law says regarding your situation.
- We are expert negotiators: As family lawyers, we’ve experienced every type of case involving parents and children. We have seen what approaches are most effective, and are expertly-trained negotiators. You’ll benefit from our experience dealing with other attorneys, judges, mediators, and more both in and out of court.
- We advocate for you: Child custody and visitation cases can be emotionally taxing for parents. When you have a capable family lawyer on your side, you don’t have to worry about representing yourself. We can do it for you in a strong, clear, and effective way.
No matter the course your case takes, you need smart, tough, seasoned legal professionals on your side. You need support that is responsive to your needs and creates practical, lasting solutions.
Frequently Asked Questions
What is the difference between legal custody and physical custody?
Legal custody (conservatorship) refers to the right to make important decisions about your child’s upbringing, including education, healthcare, and religious instruction. Physical custody (possession and access) pertains to where your child lives and the schedule of visitation.
How does Texas determine custody arrangements?
Texas courts determine custody based on the “best interests of the child” standard, considering factors such as the child’s physical and emotional needs, each parent’s ability to provide for the child, the stability of each home, and the child’s relationship with each parent.
Can fathers get custody of their children in Texas?
Yes, fathers have equal rights to seek custody of their children. Texas law does not favor one parent over the other based on gender. Both parents are considered equally in custody decisions.
What is joint custody?
Joint custody means that both parents share legal and/or physical custody of the child. This does not necessarily mean an equal split of time but ensures that the child maintains significant contact with both parents.
How can I modify an existing custody order?
To modify a custody order, you must demonstrate a significant change in circumstances or that the modification is in the best interests of the child. It’s advisable to consult with an attorney to help navigate this process.
What should I do if I suspect parental alienation?
If you suspect parental alienation, document all instances of this behavior and consult with a family law attorney. The court can take actions to address parental alienation and protect your relationship with your child.
Do I need to establish paternity to gain custody or visitation rights?
Yes, if you are not married to the child’s mother, you must establish paternity to have legal rights to custody or visitation. This can be done voluntarily or through a court order.
What role does mediation play in custody disputes?
Mediation is a process where both parents work with a neutral mediator to reach a mutually acceptable agreement regarding custody and visitation. It is often less adversarial and more cost-effective than going to court.
Can a child decide which parent to live with?
While Texas courts may consider the preferences of a child who is at least 12 years old, the child’s preference is just one of many factors considered in determining the child’s best interests.
How can I ensure my visitation rights are enforced?
If your visitation rights are being denied, document all instances of denial and consult with a family law attorney. The court can enforce visitation orders and take action against the non-compliant parent.
What should I look for in a custody and visitation lawyer in Fort Worth?
Look for a lawyer with experience in family law, a solid understanding of Texas custody laws, and a track record of successfully handling custody and visitation cases. Local knowledge of Fort Worth courts can also be beneficial.
How can I get started with my custody case?
To get started, schedule a consultation with a family law attorney who can assess your situation, provide legal advice, and guide you through the process of securing custody or visitation rights.
If you have additional questions or need assistance with a child custody case, don’t hesitate to reach out to a qualified Lovelace Law attorney for guidance.