Trusted Guidance For Custody And Visitation Matters

When married parents divorce or unmarried parents split up, custody and visitation issues must be addressed with care and sensitivity. At JB Schwartz PLLC, we understand that there is no legal issue of greater importance than one that affects the parent-child relationship. We understand the profound emotional stakes of custody and visitation cases and handle them with the great care that they require.

Creating Custody Agreements That Work

We carefully analyze all the factors and family dynamics at play to craft a custody and visitation agreement that is best for all parties involved. Important considerations include:

• The capacity of each parent to provide for the children
• The age and health of each parent
• Which parent has been the primary caregiver
• The nature of the relationships between parents and children and between siblings
• Special needs of the children

The custody agreement will have a profound impact on your parent-child relationship, affecting where the child lives, how many weekends in a year you or your spouse are given, and how holidays are divided up. The agreement will designate one parent as the custodial parent and the other as the noncustodial parent.

Complex issues are sometimes a factor in custody agreements, such as emancipation of a minor. In the state of Texas, only minors that are 16 years old are allowed to seek emancipation by the court. In addition, grandparents’ rights to visitation are not a given in the state. It comes down to whether you and your spouse believe visitation with grandparents is best for your child.

We understand the importance of family, and as experienced divorce and family law attorneys, we are dedicated to protecting your role in your child’s life to the greatest possible extent.

Resolving Custody Disputes

When disputes arise over custody and visitation, emotions can run extremely high. We believe that the best way to resolve these disputes is to work together to reach agreements that serve the best interests of the children. While we avoid aggressive litigation whenever possible, at our essence we are courtroom advocates and always prepared when there is no other way to protect our clients’ parental rights.

Frequently Asked Questions About Custody And Visitation In Texas

Custody and visitation can be among the most hotly contested issues in a divorce with children involved. Here are the answers to some of the most important questions clients have:

How do courts determine custody of children in Texas?

In Texas, child custody is referred to as “conservatorship” and is always determined based on whatever is in the child’s best interests. Typically, the courts prefer to keep both parents involved in a child’s life unless there is credible evidence that one parent poses a danger to the child’s well-being due to domestic violence, neglect, abuse or another issue.

What factors are considered when determining visitation rights in Texas?

The Texas Supreme Court says the following factors should be considered:

• The desires of the child (when the child is able to reason and articulate)
• The child’s current and future emotional and physical needs
• The parental abilities of each party
• The programs available to assist the parties with the child’s interests
• The plans for the child by the parent seeking custody
• The stability of each parent’s home
• Any acts (or omissions) by the parent that negatively affect the parent-child relationship
• Any excuses for those acts or omissions by the parent

The court also can consider any other factors deemed important.

What is the difference between physical and legal custody in Texas?

Physical custody refers to each parent’s time with the child. Managing conservatorship refers to each parent’s ability to share in the decision-making responsibilities concerning the child regarding things like their education, medical care and religious upbringing. This is commonly referred to as “legal” custody.

How can I modify a child custody order in Texas?

Custody orders can be modified by mutual consent (followed by court approval) or by a new court order when there is a substantial and material change in circumstances such as a change in the child’s needs or parental relocation.

What happens if one parent wants to move out of state with the child?

They must either receive written approval from their co-parent or obtain the court’s permission through a modification request.

We Are Here To Protect What Matters Most To You

To learn more about how our divorce lawyers can protect your parental rights in Texas, call our Dallas law offices at 214-347-8568 or contact us online.