Child Custody Attorney Fighting for a Stable and Consistent Living Arrangement for Your Children After Divorce
Nothing is more precious than time with your children and the relationship you build with them. Divorce is a delicate time, and striking the right balance for your children, including the best living arrangements, is an important responsibility to shoulder on the heels of a challenging family time.
Child custody is one of the most emotional decisions parents can make when splitting up, and more often than not, nothing feels as right as it did when you were all under the same roof. That said, offering them stability and maintaining a healthy dynamic are the goals of the legal system post-divorce when it comes to your children.
There is the primary residence to consider, a visitation schedule, shared responsibilities, and how it all will work together as everyone goes their separate ways. Legal issues can arise during the child custody process, especially as parents disagree or conflict arises in the decision-making process.
Barina Law Group helps families make shared child custody work after a divorce. When one parent is unfit or has proven neglectful, we put your children’s safety and well-being first and fight for sole, primary custody as the situation deems necessary.
Fight for your kids amicably in your child custody case with the help of Barina Law Group and our family law attorneys. Schedule an initial consultation to get started for general information or to obtain legal representation. Call us at (254) 323-5506.
How is Child Custody Different in Texas?
In Texas, the courts assume that joint or shared custody is best for the children after divorce. Extenuating circumstances will prompt the court to award only one parent sole custody, such as domestic violence, substance abuse, or another issue that might cause the children physical or mental harm.
Joint custody affords both parents equitable rights related to critical decision-making regarding their children. This includes health care, medical treatment, education, and other legal decisions.
A key difference, though shared custody might sound like an equal or 50/50 split regarding all matters, is that one parent is awarded primary conservatorship and has the right to determine the children’s primary residence or living arrangements. The parent with the primary residence is the parent that receives child support payments to cover necessary expenses.
The state offers a basic framework for how visitation should work based on the children’s best interests. Many parents find a groove after divorce that uses these guidelines, though they can create a visitation schedule that works best and meets the needs of everyone involved.
To assist with determining visitation schedules or how child custody works after divorce, contact Barina Law Group to discuss your child custody arrangement. Consider a conversation with our family law attorneys to provide some clarity.
Is Texas a “Mother” State Regarding Child Custody?
States are moving away from gender-biased custody decisions. In the past, mothers were often granted primary or sole custody as they stayed home with the children and had stronger bonds with them. Things are different today with the generational shift; both parents are working and taking a more active and equal role in their children’s lives than ever before.
Texas is open-minded regarding fathers and mothers, as long as both parents are suited to care for their children and there is no history of neglect or unfit parenting. An example of this might be proof of domestic abuse or drug and alcohol addiction. Children’s safety is the court’s first concern, and situations that prove otherwise will not be taken lightly by the court.
The only exception regarding custody is unmarried parents.
Texas law says an unmarried mother is the legal and sole custodian of her child or children unless a father can establish his paternity. As the primary custodian, the mother can make all legal decisions for her child, from medical treatment to educational decisions to living arrangements.
Even with a father listed on the birth certificate, it’s challenging to get sole custody and, overall, will have limited rights. However, working out a visitation schedule is possible and embraced by fathers who want to take an active role in their children’s lives. A family law attorney can help you accomplish this if it is your current reality.
What is a Child Custody Dispute?
The divorce process is emotional, as are the decisions that accompany it. This includes child custody. A custody battle is likely for parents that cannot agree on a fair and mutual child custody arrangement. Battles like this are typical in contested divorces when one or both parents cannot resolve decisions together.
Conflict arises when parents disagree over decisions related to healthcare choices, education, or religion, for example. Other reasons force indecision or disagreement in child custody situations, such as grandparent rights, a spouse’s lifestyle or personal decisions, moving restrictions, and more.
One of the more common child custody disputes is deciding on a primary residence for the children and who should be the primary custodian. Even in a shared custody situation, all life decisions might be communicated, but it’s typical for one parent to take on this responsibility.
Hence, the children have a home base rather than a disruptive living situation moving from place to place regularly. This can cause conflict, too, as parents want to split the time, or both spouses can’t agree on who should stay in the primary residence or an appropriate visitation schedule.
Tactics such as mediation are helpful in these situations and often necessary, as child custody disputes can get expensive, stressful, and time-consuming. Our legal services will offer relief.
What are Examples of Child Custody Arrangements in Texas?
Who “gets the children” in a divorce is one of the most heartbreaking decisions any parent has to make. Custody and visitation are legal terms for how children spend their time between their parents and their homes.
The state prefers joint or shared child custody, though there are other custody arrangements the court will entertain, including sole or temporary custody. Sole custody, also known as primary custody, gives one parent the right to make plans and decisions related to education, training, school, medical and healthcare, and other matters related to the children’s well-being and overall welfare.
Joint custody, as explained earlier, allows both parents to make crucial decisions together. However, one parent will own the children’s primary residence to avoid back and forth between homes.
Temporary custody is used in certain situations where a permanent child custody arrangement has not been determined, or one parent is concerned with the safety of their children. This is granted as a short-term solution until a trial or hearing to determine a final agreement.
Barina Law Group is a law firm experienced in family law matters, from divorce to child custody to child support and other related issues. When you have a custody dispute that needs to be fixed or a legal situation related to child custody demands the experience and attention of a family law attorney, look no further than Barina Law Group.
Use our initial consultation to see why families choose us to work through challenging family law matters.