Bringing a child into the world is one of life’s greatest joys but raising a child is challenging, especially when the parents cannot put the child first. Relationships do not always work out, and while you move on, the child still needs both parents present and involved. Divorce and separation are complicated, and the child should not suffer or be a pawn. There are many reasons you will need a child custody attorney, as there are many concerns regarding the child’s upbringing.
There are several ways you can determine custody and other concerns. The lawyers representing each parent will work to reach a plan for the parents. The process is more straightforward when both parties can agree on some or most topics. When the court sees collaboration, the judge will often approve the parenting plan and make it official after they review it.
If there are some issues that both parties cannot agree on, the judge will review each side’s arguments and determine what is in the child’s best interest. Sometimes what is in the child’s best interest is different from what either parent wants; other times, it is somewhere in the middle. The court will review the following factors when deciding on custody matters:
A parenting plan aims to have an effective and healthy co-parenting arrangement. The court wants both parents involved in the upbringing of the child, whether they are together or not. Amicable co-parenting also enhances the relationship that the parent has with the child. If the parents constantly fight, the child may feel they need to choose sides or that they are the problem. Even if you are having difficulties co-parenting, your child should not suffer.
The child’s primary residence determines a slew of other issues, and both parents will want to have primary custody. Parents will argue tooth and nail to receive the designation of primary custody because this is where the child will spend most of their time. Primary custody determines where the child spends school nights, where they have a room, and who makes decisions on food, emotional support, and more.
There are various custody arrangements we can address like:
Joint legal custody allows both parents to make every decision regarding the child and joint physical custody means that the parents will have equal parenting time with the child. Joint physical custody does not always result in a 50/50 split, but it does consider the needs of both parents and the child. A custody order can be modified if there is a significant change in circumstance for either parent or one parent who wishes to relinquish parental rights. Modifications are common as the child grows.
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There are many concerns you must address in a parenting plan, and you need the best child custody lawyer to help you. The primary issue is where the child will live most of the time. That is the most contentious topic because that will determine how many other matters will proceed. A child will likely spend most of their time in one home for schooling. Depending on where the parents live, they can split the time between homes if they are near the school.
After a split, some parents will need to move for better opportunities, and the question arises if moving is in the child’s best interest. As children grow, they will acquire various possessions, and while parents will need to buy essentials for either home, there are some possessions they will need to transport back and forth. Other topics you must address are:
You must make many decisions as your child grows, and both parents must work together to reach conclusions that are in the child’s best interest. Parental rights and decision-making are vital concerns to address with your lawyer.
A parenting plan is unique to the child and parents. There is no one-size-fits-all solution because kids have different interests and needs. Suppose the child is involved in various activities, a parenting plan can outline who must pick up and drop off the child. If your child has special needs, whether a disability, allergy, or routine, you can also address that with a parenting plan. The plan can be as detailed or vague as you need for your child.
Parents will sometimes agree on topics but would like to have it in writing. In other cases, parents do not agree, and they need to come to an agreement and ensure it is in the parenting plan. Parents must make sacrifices and compromises to ensure their child gets the necessary care. Child custody attorneys can help you reach a resolution and create a parenting plan that is not cookie-cutter but solely benefits the child.
The best child custody attorney for you is one who listens and puts your child’s needs first. We can help guide you through the different legal options you have. Mims Ballew Hollingsworth has skilled litigators ready to fight for you and your child. We will work with you, your former partner, and the legal system to devise a plan covering all child’s needs. When you have child custody struggles, it is time to contact our firm. Complete our contact form to schedule a consultation.
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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. Our child custody lawyers will work with you to develop a customized gameplan for your case and for reaching your goals to protect your child.
Legal and physical custody are two aspects of child conservatorship in Texas. Legal custody refers to each parent’s authority to make important decisions about their child’s life. These include decisions about religion, education, healthcare, extracurricular activities, and more. Physical custody refers to the amount of time a child lives with each parent. In most cases, parents will share both legal and physical custody.
In most cases, parents can control whether their child spends time with grandparents or other relatives. However, if a relative believes that it is in the child’s best interest for them to obtain custody, they can petition the court. Both parties petitioning for custody and parents defending against a petition should have help from an attorney.
Texas law presumes that it is in a child’s best interests to have time and contact with both parents, which means that a joint conservatorship is the most common custody arrangement. To improve your chances of obtaining custody, ensure you are active in your child’s life and maintain a home environment that is suitable for the child. Further, if you believe the other parent is unfit, keep documents and evidence of their conduct to present to the court.
A child who is 12 years old or older can express their opinion to the family court about which parent they live with. However, the child’s opinion is not necessarily what the court will follow. Instead, it is only one of many factors a judge must consider when deciding what type of custody arrangement is best for the child.
I highly recommend this law firm. I have had Brian and Kelly both represent me in now three separate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...
Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...
Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgment and I know he has his clients well being at the forefront of everything.
Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.
I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!
Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.
Kelly & Brian helped us in our child custody case, and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawye ...
Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...
Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...
Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
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