
Child custody cases are among the most challenging legal situations for parents to navigate. When the welfare of a child is at stake, every decision counts. Whether you are dealing with child custody concerns due to divorce, you’re modifying an existing arrangement, or bringing a standalone custody case to the courts, a Hiram child custody lawyer can advise you.
At Young Law Firm, our Hiram family lawyers have decades of experience advocating for our clients facing child custody issues in the family courts, and now bring our knowledge to residents of Kaufman County and the surrounding area. There are many reasons to hire a child custody lawyer, but nothing matters as much as creating a safe and stable arrangement for your child that centers on their best interests.
In Texas, custody is legally referred to as conservatorship. It is the preference of the courts, whenever possible, for both parents to be involved in a child’s life. Joint conservatorship—where both parents have parenting time rights and an equal say in important decisions for the child—is the usual arrangement unless there is evidence of violence, abuse, neglect, or substance use concerns.
The parent who serves as the child’s primary residential custodian is a separate issue. Usually, the house where the child will spend school nights determines which parent will be given primary physical custody, although parents can share joint physical custody if it is a reasonable arrangement and they live close enough to provide transportation to and from school.
Many people believe that the mother usually serves as the custodial parent, but this isn’t always the case. In about 18% of US families, the father serves as the primary custodian. Several factors help the courts determine which parent should provide the primary residence for the child, including:
In most child custody cases, the parent who provides the primary residence for the child will receive child support from the other parent to address the financial needs of the child. In situations where joint physical custody is awarded to both parents, the parent with the greater resources will usually pay child support.
Child support in Texas is calculated on a percentage-based system, as outlined in the Texas Family Code, Chapter 154. The amount a parent will owe is dependent on several factors, not just monthly or weekly wages. It’s important to consult with a knowledgeable Hiram child custody attorney to help you understand Texas child support laws and how they relate to custody.
One of the issues that can cause contention in child custody cases is the question of where the child will live the majority of the time. Since many factors in a parenting plan or custody order are influenced by where the child resides, parents often feel pressure to prove that they are more fit to be the primary custodial parent.
When establishing a parenting plan as part of a divorce, or modifying an existing parenting plan or custody agreement, parents may disagree on certain aspects of custody, such as where the child spends holidays and weekends, and when the child will vacation with each parent.
During custody negotiations, it’s important to be respectful and considerate, always placing the child’s best interests above all other matters. Child custody lawyers and mediators can help you reach a resolution and create a parenting plan that does not compromise the child’s well-being while still being fair to both parents.
You can contact the Marietta office of Young Law Firm, LLC today
Texas child custody laws are complex and ever-changing. Most recently, there were several revisions made to the Texas Family Code that could impact your custody case and parenting time. A qualified, knowledgeable child custody lawyer stays abreast of all changes to the laws impacting child custody, and can help you build a compelling case that considers all aspects of your situation.
Attorneys assist their clients with gathering evidence, compiling financial records, and creating parenting plans. At Young Law Firm, we are well-respected in the Dallas/Fort Worth Metro, including Hiram, and are prepared to represent our clients at custody hearings at all seven Dallas County Family District Courts. While most custody cases never proceed to the litigation stage, our team is prepared to aggressively advocate for your parental rights.
It is usually the preference of the courts for both parents to be involved in a child’s life, whenever possible. Joint conservatorship is usually awarded to both parents, with details of parenting time and residency outlined in the parenting plan. However, in situations where one parent is absent, neglectful, abusive, or has substance use issues, the courts may award one parent sole conservatorship to protect the child from harm.
Child support in Texas is calculated using a percentage scale that takes into consideration both parents’ income, the number of children, and the level of financial need. Every family’s situation is different, and every child has unique needs. When determining support amounts, the courts try to come to a reasonable average that will not create an unfair burden on the parent required to pay support, while still ensuring the child’s financial needs are met. Contact a Hiram child support lawyer if you need any help.
The most harmful thing a parent can do during a custody case is to be rude and uncooperative with the courts and the other parent. Creating conflict, placing blame, and emotional outbursts during custody hearings can influence the outcome of a case. It’s important to be respectful, follow the advice of your legal team, and cooperate with mediators and district court employees.
Custody in Texas is complicated because joint conservatorship and the standard possession order—which designates which parent has physical custody the majority of the time—are separate decisions in a custody agreement. When most people say 50/50 custody, they mean physical custody. While parents can be awarded joint physical custody, the courts will usually only agree if both parents live close enough to the child’s school to provide transportation.
When facing custody decisions, you deserve a compassionate, experienced legal team that will listen carefully to your situation and provide competent advice. With over four decades of experience guiding parents through the complexities of child custody, Young Law Firm, LLC, is here to help. Contact us online today or call us at 770-824-9553 to schedule your free initial consultation. We accept all major credit cards.