The decision of who can keep raising and spending time with your kids after a divorce will be a tough one. Many divorces will run into heated conflicts when it comes to the question of child custody because compromising can feel impossible at first. If you want to decide on child custody while also doing what you can to keep your family relationships on good terms, you should come to Diggs & Sadler in Round Rock.
Our team of child custody lawyers can help you figure out the best approach to child custody decisions. From the start to the finish, we will want to act in whatever way best benefits your children because their happiness is the priority, just as the court expects.
Trust this crucial decision to our talented and compassionate team. Call (512) 548-8355 today.
Joint & Sole Custody Agreements
A child custody agreement in Texas will usually result in:
Joint custody: When both parents have a say in how to raise their child, they share joint custody.
The court prefers joint custody agreements when it is possible to reach one amicably.
Joint custody doesn’t necessarily determine visitation or parenting time, though.
Sole custody: When one parent is not fit to act as a caretaker for a child, the court will prefer
to give sole custody to the other parent. For example, if a parent has abused the
child, then the court would not want to give that parent any power over the caregiving
decisions of that child.
It is important to understand that child custody focuses on the right to make important
decisions for a child after a divorce. For matters that involve living with or spending
time with your children, visitation arrangements would need to be made, which are
technically separate. However, in situations of joint custody, the court will often
prefer shared or equal parenting time arrangements, too.
How Courts Determine Child Custody
Deciding child custody is complicated, even more so than other decisions in a divorce
like asset division. The court understands that the outcome of the child custody
order will greatly change the child’s day-to-day life for years to come. It is required
to rule in favor of the child’s best interests, too, which can only be evaluated
using the most recent information.
Texas courts can determine child custody by considering the:
Child’s preference if the child is old enough
Health needs of the child
Physical and mental health of each parent
Parent’s behavior with or around the child
Feeling of stability in each parent’s household
Witness testimony about the child/parent relationships
Criminal records can make a big difference in a child custody case, too. A parent
who has been convicted of domestic violence or other violent crimes could have little
chance of receiving child custody rights, especially if they do not approach the
case with the help of a lawyer.
What is a Child Custody Modification?
Child custody orders are not permanent and unchangeable once the court issues one.
Parents who do not get the custody and visitation rights that they wanted can sometimes
file a petition to modify the arrangement. Our Round Rock child custody lawyers can
help form an argument that shows why the arrangement is not just untenable for you
but also harmful to your child’s happiness and development.
Interstate Child Custody Cases in Texas
When divorcing spouses live in different states, it creates an interstate child custody
case with a new set of complications and concerns. The Texas family law court that
is handling your case will have to consider how the child custody laws of the other
state could affect the proceedings. It depends on what state is given jurisdiction.
Child custody case jurisdiction can be decided based on:
Which state the child currently lives in and has lived in for at least 6 months.
Which parent has the most meaningful connection with the child.
Typically, jurisdiction is granted to whatever state currently houses the child.
Diggs & Sadler might be based in Texas, but we have a firm understanding of child
custody rules across the country. Let us help you with an interstate child custody case.
Will Your Child Custody Case Go to Trial?
Do you want to keep your child custody case out of the courtroom? Finding an agreeable
way to mediate a child custody arrangement is the best way to avoid litigation. Although,
litigation is sometimes the only way to ensure that your child’s best interests are
upheld if your spouse is being unreasonable. You shouldn’t see a trial as something
that is automatically bad.
Diggs & Sadler can help you in and out of court. We are talented negotiators
who know how to amicably find a fair solution to child custody concerns that make
sure your child stays happy while your parental rights are respected, too. We also
know how to go to court and fight for you if it becomes necessary.
Trust Your Child Custody Case to Us
We offer
consultations
to parents and guardians who need help with a child custody case. If you live in
Round Rock or the surrounding area, make us your first choice for legal counsel.
We do not slow down or back down when so much of your family’s future is depending
on the outcome of the case.
For more information, dial (512) 548-8355and ask about our child custody services.
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