Child Custody Attorneys in Dallas
How Does a Texas Court Decide Child Custody & Visitation Issues?
Nothing is more important to most clients than ensuring that their children are properly protected and taken care of during the divorce process. While a divorce can no doubt be stressful and emotional for the parties involved, unfortunately it can be even more so for children.
How Does the Court Decide Who My Child Is Going to Live With?
This is one of the most common question that our Dallas custody attorneys at Hernandez & Baggett, PLLC hear from new clients in contested custody cases. In general, there are a host of factors that the Court will consider when determining which parent the children will live with. Ultimately, as with all decisions concerning children, the Court will make a determination as to what is in "the best interests of the child."
If you anticipate being involved in a contested custody fight, then you should be prepared for the possibility that the Court will inquire into every aspect of your life that could be relevant to this “best interests” determination. It is essential that you retain an experienced attorney who can properly advise and prepare you so that you maximize your chances for success.
Understand the Laws as They Apply to Custody Issues
The State of Texas uses language and terms that can initially be confusing to many clients. Early in the process you can expect to be confronted with terms such as “Joint Managing Conservators,” “Sole Managing Conservators,” and “Possessory Conservators.”
The issue of conservatorship refers to the rights and duties of each parent to make the important long-term decisions for their children, such as medical, religious, and educational decisions.
- Sole managing conservatorship is when the Court allows one party to make all these decisions.
- Joint managing conservatorship is when the Court orders that both parents make these decisions jointly.
- A possessory conservator is an individual who is entitled to access and visitation but may not have the right to make many, or any, long-term decision for the children.
While joint managing conservatorship is more common, the Court can grant sole managing conservatorship in appropriate circumstances. If you believe you have such a situation then it is essential that you speak with an experience Dallas custody attorney like those at Hernandez & Baggett, PLLC.