Warren & Migliaccio, L.L.P.

Dallas Family, Bankruptcy and Personal Injury Lawyers

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    • Christopher Migliaccio
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Child Custody - Frequently Asked Questions

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

Post by Christopher Migliaccio

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 possessory conservatorship (or joint… Read More

FAQ Category: Child Custody

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

Post by Christopher Migliaccio

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

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

Post by Christopher Migliaccio

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. In Texas, the courts consider multiple factors… Read More

FAQ Category: Child Custody

Can I get a temporary emergency custody order?

Post by Christopher Migliaccio

Yes, sometimes the courts will issue a temporary emergency custody order. Of course, the court must determine it’s warranted and in the child’s best interests. It’s done by contacting the court that has local jurisdiction. This is often the court in the county where the child lives. Reasons to File a Temporary Emergency Custody Order… Read More

FAQ Category: Child Custody

What are the Types of Child Custody Orders in Texas?

Post by Christopher Migliaccio

General Guidelines Custody.  The key for every custody decision in Texas is what is in the best interest of the child. It is not what is in the best interest of the parent. Texas law uses different terms than other states for custody matters. Other states use terms like joint legal custody and sole custody…. Read More

FAQ Category: Child Custody, Family Law

Child Custody Mediation vs. Court Setting

Post by Christopher Migliaccio

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 matters.  Understanding How Mediation Works Child custody mediation can be a good alternative… Read More

FAQ Category: Child Custody

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

Post by Christopher Migliaccio

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 believes is in the child’s best interests. Grandparents’ Right… Read More

FAQ Category: Child Custody

Does the court consider criminal charges when awarding custody?

Post by Christopher Migliaccio

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 courts must make custody decisions based upon what they… Read More

FAQ Category: Child Custody

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

Post by Christopher Migliaccio

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 Possession Order… Read More

FAQ Category: Child Custody

What are mothers’ rights in child custody?

Post by Christopher Migliaccio

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 about Nursing Infants and… Read More

FAQ Category: Child Custody

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Practice Areas

  • Bankruptcy Attorney and Chapter 7 & 13 Lawyer Dallas, TX
  • Chapter 7 Bankruptcy Attorney
  • Chapter 13 Bankruptcy Lawyer
  • Child Custody Attorneys
  • Child Support
  • Dallas Divorce Attorney
  • Family Law
  • Spousal Support
  • Personal Injury

Recent Posts

  • What Are the Steps to Divorce in Texas?
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Richardson/Plano Office
3600 Shire Blvd #205
Richardson, Texas 75082
(972) 684-5051

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10440 N Central Expy #800
Dallas Texas 75231
(214) 974-3965

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