When you have a child, you want to protect them and ensure they have the best life possible. Ideally, you want both parents involved in the child’s life, but when a relationship does not work out, the child should not suffer. Parents do not have to stay together to care for the child, but they do have to come to a co-parenting agreement. Even if the separation is amicable, you must have a legal contract with the court to ensure no discrepancies.
You must take legal steps to enforce your child custody order when one parent does not follow the outlined plan. You need to discuss your needs with a child custody lawyer in Denton.
Mims Ballew Hollingsworth | Family Law has been helping families in Denton, TX, and nearby for over a decade, to find the best interest for their children with legal counsel from start to finish.
In Denton, child custody orders are known as a parenting plan. Parents often have varying views on what is best for the child, and a parenting plan can address contentious issues and ensure the child’s needs are being met. Within the parenting plan, custody arrangements are made, but other concerns you can include:
You need creative solutions for your family. Your parenting plan should address anything you believe is vital to your child’s success. Write down all the issues you want to address so you do not forget them when you meet with an experienced child custody lawyer.
There are two arrangements you must discuss: legal and physical custody. Legal custody gives the parent decision-making power regarding issues like religion, education, health, curfew, chores, and hobbies. Physical custody affects where the child will reside and the opportunities the child will have. If one parent has custody, the other will have visitation rights. Grandparents can also request visitation time depending on individual circumstances. Some custody issues our child custody attorneys in Denton can address are:
Sole custody is when one parent has all physical and legal rights over the child. When there are drug or alcohol dependency issues, sole custody is a no-brainer for the court. Joint custody is preferable when both parents continue to have contact with the child and make decisions together. Joint custody does not need to be cookie-cutter. It is ideal in most cases, and you can include something specific for your child.
The court looks at specific factors when determining custody arrangements and signing off on parenting plans. The goal is what will benefit the child, not the parents. The result can benefit the child and severely inconvenience the parents, but that is a sacrifice that parents need to be ready for. When you have an experienced child custody attorney helping you, we will work to find a resolution that benefits the child and is feasible for the parents. The court will consider these factors:
Your ability to provide for your child emotionally, mentally, financially, and physically is conducive to a healthy parenting plan. Both sides need to provide evidence supporting their claims, and as a parent, you always think you know best. You need to work with an unbiased party who can take out the emotions and focus on the legalities. Work with the best child custody lawyer to get the arrangement that works for you.
As your children grow and situations change, a need to modify your original custody agreement arises. When one parent begins to reside with another person, there are various reporting guidelines to give the court. It is best to inform the court independently instead of having the other parent report, as it can be seen as an omission and hurt future arrangements. Factors that can call for a child custody arrangement change include:
Parents who change jobs may need to relocate, and if they are also relocating the child, they need permission from the other parent, and there must be a modification to the original order. Regardless of how the relationship works or doesn’t work out, the parents will be bound together until the child is of legal age.
As children grow, their needs will change, and the schedule you once had will now be challenging to keep when your child is running to various activities and wants to spend time with friends. Instead of forcing them to spend time with you, work out a new schedule that works for everyone, whether on paper or not.
The court can impose a geographic restriction that impacts the area where the child can reside. It also affects where parents can live and work. Both parents will need to make decisions considering the restriction. Depending on individual factors, the court can put these restrictions in place during a divorce.
One major consideration before imposing these restrictions is ensuring the parents can be involved in the child’s life, even if it is a long-distance relationship. The child and primary parent cannot move, but the other parent should try to stay in the vicinity for more involvement.
The court doesn’t automatically grant custody to the mother, and both parents must prove that their requests are in the child’s best interests. The court prefers joint custody unless it does not benefit the child. There are several child custody issues to address in your order, and you cannot take these tasks on individually. Instead, you must consult with a top child custody attorney. Contact Mims Ballew Hollingsworth | Family Law today.
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When parents can agree on who their children will live with, how to share in rights and decision making, and a parenting time schedule, the Court will often approve this agreement. If parents cannot agree, then the Judge will make custody decisions based on what they believe is in the best interest of the children.
The following factors are frequently considered by Courts in determining a child’s best interest: parenting abilities, plans for the child, home stability, your child’s desires, your child’s emotional and physical needs, and whether there is a concern of emotional and physical danger to your child.
Custody orders in Texas are referred to as a parenting plan. The parenting plan addresses issues such as who your child will live with, what rights each parent has, where your child will go to school, and how the parents will share possession. The parenting plan can be very detailed and address concerns or issues unique to your child. If a parent has problems with drugs or alcohol, this can be addressed in your parenting plan to assure the safety of your child. If your child has special needs, these can be addressed in your parenting plan to assure that your child is properly provided for.
If you are involved in a child custody case, you need an attorney who will fight to protect you and your child’s future. The child custody lawyers at Mims Ballew Hollingsworth have more than 75 years of experience helping families navigate through the family law system, and we will work with you to develop a customized gameplan for your case and for reaching your goals to protect your child.