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...]
Child Custody - Frequently Asked Questions
Will my children get a say in child custody in Texas?
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...]
Parents’ visitation rights: Can a parent who committed violence get visitation?
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...]
Can I get a temporary emergency custody order in Texas?
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...]
What are the Types of Child Custody Orders in Texas?
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...]
Child Custody Mediation vs. Court Setting
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...]
What does the court consider in deciding if grandparents should have custody or visitation rights?
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...]
Does the court consider criminal charges when awarding custody?
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...]
How do we decide who gets our children on certain holidays?
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...]
How is custody determined if the parents divorce while the mother is pregnant?
If the mother is pregnant when a couple decides to divorce in Plano, the court may not grant custody right away. In fact, the court may encourage parents to wait until the child has been born before seeking a divorce and/or finalizing a divorce. How does pregnancy impact a divorce case? Once a … [Read more...]
