When parents of a child separate or get a divorce, they must establish custody and visitation arrangements for the children. The parents can work out an agreement themselves in non-aggressive or non-acrimonious divorces or separations free of abuse allegations, or the court will decide for them based on the best interests of the child. A lawyer can help parents understand their options and the factors a judge may consider in determining custody and visitation.
Child Custody arrangements can include shared legal custody (where both parents have the right to make important decisions for their children) or sole physical custody (where one parent has day-to-day possession of the child). If parents cannot agree on a plan, they may need a judge to set a custody and visitation schedule. In most cases, judges encourage the parties to come up with their own arrangement before they hold a custody hearing. A family law lawyer can assist with this process by reviewing the parents’ situation and recommending a plan that is in their best interest.
A custody case can last for a short period of time or much longer, depending on the specific circumstances of the case and the amount of conflict between parents. Generally, when both parents agree to a shared custody arrangement and there is no history of domestic violence or other aggravating factors, the case can be resolved fairly quickly. On the other hand, if both parents are fighting for full custody, a trial can last for months.
In Texas, courts will determine the child’s best interest by looking at many different criteria. The judge will assess the parenting skills of both parents, the child’s health and well-being, the ability of each parent to foster a good relationship between the child and the other parent, and many other issues. The sex of the parents will not be taken into account; however, if there is no proof that the father is the child’s biological father, the mother will retain full custody of the child.
After a divorce or custody dispute, the court can order temporary orders that govern child support, visitation, and custody until the case is settled. These orders can be modified as the situation changes, but only if a substantial change in circumstances is shown. This could include a parent moving out of state, suffering from an illness or disability that impacts their parenting abilities, or experiencing a major change in job or finances.
The Law Offices of Davis and Associates serves clients in Waco, TX and the surrounding areas. The firm works with families seeking legal assistance for issues like divorce, child support and custody, and adoption. Its founding attorney has more than 12 years of experience and is dedicated to providing aggressive yet practical legal solutions. It also handles cases involving criminal and civil litigation.