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You are here: Home / Archives for Family Law / Child Custody FAQ

Child Custody - Frequently Asked Questions

Legal & Physical Custody: Can a parent have legal custody without physical custody?

November 25, 2014
Written by Christopher Migliaccio | Last updated on May 27, 2025

The courts prefer that both parents be involved in the decision-making regarding the child's life. Thus, in custody cases, the courts may award joint managing conservatorship, as it's known in Texas but may be also be known as joint legal custody. While in some cases, the court will also award joint … [Read more...]

FAQ Category: Child Custody FAQ

Will my children get a say in child custody in Texas?

October 2, 2014
Written by Christopher Migliaccio | Last updated on August 8, 2023

Previously, the child could file a written preference with the court to inform a judge of his or her preference. But this led to problems when both parents had the child write down his or her name. So now, in a nonjury trial, the judge may interview the child in chambers to determine the child’s … [Read more...]

FAQ Category: Child Custody FAQ

Parents’ visitation rights: Can a parent who committed violence get visitation?

August 22, 2014
Written by Christopher Migliaccio | Last updated on August 8, 2023

A non-custodial parent in Dallas may get reasonable visitation rights to ensure access to the child. When a parent physically abuses a family member in the home it is called domestic violence. In cases of child custody and parents’ visitation rights, domestic violence can affect a judge’s decision. … [Read more...]

FAQ Category: Child Custody FAQ

Can I get a temporary emergency custody order in Texas?

June 5, 2014
Written by Christopher Migliaccio | Last updated on May 27, 2025

As a family law attorney in Texas, I've encountered many parents facing urgent circumstances that require immediate action to protect their children. Today, I want to share the story of Jess, who found herself in a challenging situation that called for an emergency custody order to ensure the safety … [Read more...]

FAQ Category: Child Custody FAQ

What are the Types of Child Custody Orders in Texas?

May 18, 2014
Written by Christopher Migliaccio | Last updated on August 29, 2024

This blog has been rewritten as of August 29, 2024. Please read the updated version at https://www.wmtxlaw.com/understanding-child-custody-orders-in-texas/. General Guidelines Custody.  The key for every custody decision in Texas is what is in the best interest of the child. It is not … [Read more...]

FAQ Category: Child Custody FAQ, Family Law

Child Custody Mediation vs. Court Setting

May 14, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

In most cases, mediation is a much better option for determining child custody arrangements than a drawn-out court battle, it can:  result in a faster resolution; encourages communication between both parties; and be much cheaper than having the courts settle your custody … [Read more...]

FAQ Category: Child Custody FAQ

What does the court consider in deciding if grandparents should have custody or visitation rights?

April 23, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

In Texas, grandparents may have the right to possession and access to the child, or even the right to physical custody (managing conservatorship), which entails primary residence and/or ability to make decisions regarding the child’s life. This will depend on the circumstances and what the court … [Read more...]

FAQ Category: Child Custody FAQ

Does the court consider criminal charges when awarding custody?

February 27, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

When determining custody of a child, the courts will look at a criminal record. This also pertains to criminal convictions. Additionally, a new partner’s criminal record will come under scrutiny if your child often interacts with the new partner. Under Texas Family Code Section 153.002, the … [Read more...]

FAQ Category: Child Custody FAQ

How do we decide who gets our children on certain holidays?

February 17, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

The parents may make decisions regarding who gets the children on certain holidays, or state laws may apply. Of course, it’s best if parents can come to a mutual agreement. In fact, it should be the goal (as much as possible) to work together on any issue surrounding the children. How the Standard … [Read more...]

FAQ Category: Child Custody FAQ

What are mothers’ rights in child custody?

January 29, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

Mothers’ rights in child custody do not automatically grant her care of a nursing infant. When determining custody, judges will look at a whole panel of factors, and whether or not the infant is breastfeeding is only one of the factors that will be taken into consideration. What Texas Laws Say … [Read more...]

FAQ Category: Child Custody FAQ

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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