Get Legal Support for Your DFW or North Texas Custody Case
Child custody can be the most challenging and critical issue you face through a separation, divorce, or family law dispute. At Warren & Migliaccio, we understand the emotional and sensitive nature of these matters. Our child custody attorneys in Dallas are committed to providing compassionate and experienced legal support to families throughout DFW and North Texas.
We believe in a tailored approach to each case, recognizing that every family’s situation is unique. When you choose us, we strive to help you understand your rights, explore your options, and work toward the best possible outcome for you and your children.
Whether you are facing a contested custody battle, seeking agreement on a parenting plan, or navigating complex issues like relocation or order modifications, we are here to guide you and advocate for you through every step of the process. Do not hesitate to reach out to our team about your situation today.
Call (888) 584-9614 or click here to submit a consultation request form now.
Get Help Now
How Our Dallas Child Custody Attorneys Help North Texas Families
We guide parents and families through the complexities of child custody cases in Texas. Drawing on our years of experience, we advocate for North Texas families just like yours.
Our dedicated team of Dallas child custody lawyers is here to provide skilled legal assistance tailored to your unique situation. We have extensive experience and success helping with all child custody matters. For example, we often handle cases involving:
- Parenting plans. For parents going through a divorce or separation, we can help you establish a custody arrangement and parenting plan through negotiation, mediation, or litigation. We work to secure a custody arrangement that protects your child’s best interests and your parental rights.
- Custody for same-sex partners. Same-sex and LGBTQ+ custody cases can be more complex if only one parent has established parental rights under the law. A non-biological parent may need to take additional legal steps to establish parental rights. We work to ensure that your parental rights are recognized and respected.
- Visitation. We work to establish visitation agreements that protect your right to maintain a strong and ongoing relationship with your child.
- Modifications. Life changes, and so do the needs of your family. We help modify existing custody orders to accommodate significant life events like relocation, job changes, or changes in your child’s needs.
- Enforcement. If your child’s other parent is not sticking to the custody agreement, we can take action to enforce the order.
- Child support. We guide parents through the process of establishing, modifying, and enforcing child support arrangements. We work to ensure that your child’s financial needs are met while focusing on protecting your financial interests.
- Paternity. We assist unmarried parents in legally establishing paternity, securing parental rights, and pursuing custody, visitation, and support orders.
- Parental relocation. We provide legal assistance for parental relocation cases, addressing the challenges when a parent with custody wishes to move. Our Dallas child custody attorneys advocate for solutions that protect your child’s best interests and your parental rights.
- Grandparents’ rights. When representing grandparents, we focus on asserting your rights to custody or visitation. We emphasize your critical role in your grandchild’s life, especially when parents are unfit or unable to provide adequate care.
The list above is not exhaustive of the types of child custody and family law cases we represent. During a consultation, we are happy to discuss your unique situation and how we may be able to help you with your case.
Our Child Custody Lawyers in Dallas Serve Families Across North Texas
At Warren & Migliaccio, we represent parents and families throughout North Texas. With two convenient office locations, one in Dallas and one in Richardson, we handle family and child custody matters across DFW and North Texas. Our firm often handles cases in the following counties and cities:
- Collin County: Plano, Frisco, McKinney, Allen, Murphy, and Anna
- Dallas County: Dallas, Irving, Garland, DeSoto, and Farmers Branch
- Denton County: Denton, Lewisville, Little Elm, The Colony, Corinth, and Highland Village
- Rockwall County: Rockwall, Fate, and McLendon-Chisolm
- Tarrant County: Fort Worth, Arlington, North Richland Hills, Euless, Bedford, and Keller
Types of Child Custody in Texas
In Texas, child custody is legally known as conservatorship. This term encompasses various aspects of parenting after separation or divorce. For example, conservatorship decisions primarily involve determining where the child will live, who will have the authority to make significant decisions in the child’s life, and the arrangement of visitation schedules.
Understanding the different types of conservatorships is essential for parents navigating the complexities of child custody in Texas. The most common arrangements are joint managing conservatorship (JMC), where both parents share decision-making responsibilities, and sole managing conservatorship (SMC), where one parent has the primary decision-making authority. Our child custody attorneys in Dallas explore these custody arrangements more in-depth below.
Joint Managing Conservatorship (JMC)
In a joint managing conservatorship, parents share legal custody or the rights and duties of raising their child. Both parents have the right to make important decisions about their child’s life, such as education, medical care, and religious upbringing.
In Texas, courts favor joint managing conservatorship. The law presumes that having both parents involved in these crucial decisions is in the child’s best interest unless there is a significant reason otherwise.
However, joint managing conservatorship does not necessarily mean equal physical custody. The child’s primary residence is often with one parent, called the custodial parent. The other parent, then called the non-custodial parent, has visitation rights.
Related: Is Texas a 50/50 Custody State?
Sole Managing Conservatorship (SMC)
In a sole managing conservatorship, the court grants one parent sole legal and physical custody of their child. Under this arrangement, the selected parent has the exclusive right to make significant decisions for the child without input from the other parent.
The court may award one parent sole managing conservatorship when there is evidence that joint conservatorship may hurt the child’s well-being or put the child in danger. The reasons for awarding sole custody may include, but are not limited to:
- History of domestic violence, abuse, or neglect
- History of alcohol or substance abuse
- Parent’s absence
- Parent’s physical or mental health issues
Even if one parent is awarded sole conservatorship, the other parent may be designated a possessory conservator or a parent with visitation rights.
The possessory conservator usually has the right to spend time with the child according to a schedule set by the court. While they may not have a say in the primary decisions, they may retain some parental rights and duties outlined by the court.
Related:
- What Are the Types of Child Custody Orders in Texas?
- What is Primary Physical Custody Custody?
- What Are Texas Standard Possession Orders?
Who Decides Child Custody in Texas?
We understand that navigating child custody can be one of the most challenging aspects of a separation or divorce. However, it is important to understand that parents have the opportunity to agree on custody arrangements outside of court. But, if parents cannot reach an agreement, the court will step in to make a decision.
Generally, there are a few options available in deciding custody, including:
- Negotiation. In an amicable separation or divorce, parents may be able to work out custody arrangements without going to court. Working with attorneys, parents can negotiate terms to present to the court. For example, through negotiation, parents can create a parenting plan that outlines physical custody, decision-making responsibilities, and visitation schedules.
- Mediation. If parents cannot agree to a custody arrangement, the court may order mediation before trial. Mediation involves a neutral third party who helps facilitate discussions and guide parents toward a custody agreement. Once parents reach a custody agreement through mediation, they can make it legally binding by submitting it to the court for approval.
- Trial. In cases where parents cannot agree on custody, the case will go to trial. The court will hear evidence from both sides. Then, it will make a decision.
Related: What to Expect in Texas Family Law Court
What Do Judges Look for in Child Custody Cases in Texas?
If parents fail to agree on a custody plan, the court will make decisions about custody. Texas law requires that the “best interest of the child” be the primary consideration when making custody decisions. However, there is no clear definition or standard of best interest under the Texas Family Code.
Instead, a family judge will look at all relevant factors to the case to determine what arrangement is in the child’s best interest. Generally, you can expect a Texas family law judge to consider the following:
- Physical and emotional needs of the child
- Special needs of the child
- Each parent’s financial situation
- Each parent’s living situation
- Child’s preference, if age 12 or older
- Previous caretaker and living arrangements
- Danger to the child, including abuse and neglect
- Alcohol and drug dependency
The list above is not exhaustive of the circumstances a judge may consider. Generally, a judge has the discretion to consider any factors that are relevant to the case.
Related:
How to Win Child Custody in Texas
When it comes to child custody cases in Texas, the concept of “winning” can be subjective and deeply personal. For example, your definition of a successful outcome may include specific custodial arrangements, decision-making rights, or visitation schedules. However, success in a custody case should not be about defeating the other parent. Your child’s best interests should take priority, and your objectives should align with them.
A few tips you can use to increase your chances for a successful case outcome include, but are not limited to:
- Demonstrate active parenting. You should continue your parental duties, spend quality time with your child, and show consistent involvement in their life. Generally, the more involved in your child’s life, the stronger your case in custody matters.
- Cooperate with your child’s other parent. The court favors parents who can cooperate with each other. For example, cooperation may include sharing open communication about your child, supporting the parent-child relationship, and being willing to try mediation.
- Keep detailed records. Document your parenting time and involvement to strengthen your case. You may also gather documentation about your child’s other parent. For example, you may document past parenting issues, moments of unreliability, housing instability, or additional relevant information. If you are seeking sole custody, you may gather evidence about any history of domestic violence, substance abuse, or risky behaviors.
- Hire a skilled Dallas child custody lawyer. Having an attorney on your side can significantly impact your case. A child custody lawyer in Dallas can help you navigate the legal process, develop a case strategy tailored to your goals, gather evidence, and effectively present your case.
Related:
- Do Mothers Get Custody in Texas?
- How to Win Child Custody as a Mother in Texas
- How Can a Father Get Full Custody in Texas?
- Can a Father Get Full Custody of a Newborn?
- What Should You Not Do During a Custody Battle in Texas?
Contact Our Child Custody Attorneys in Dallas, TX for Help With Your Child Custody Case
Child custody matters can be complicated, lengthy, and emotional chapters in your family’s life. Since we want your case to be as smooth and without stress as possible, we approach every case with an open mind. We are willing to work from scratch with you in an effort to achieve the case results you desire for you and your child.
From the initial consultation until the day your case is resolved, our team at Warren & Migliaccio is here to advocate for you and your children. Contact a Dallas child custody attorney from our firm today to discuss your legal options and how we can support you.
Call us today at (888) 584-9614 or fill out our online contact form, and we will contact you soon. We work with families throughout DFW and North Texas.
