Dallas Child Custody Lawyer

Results-Oriented Legal Representation for Custody Issues Involving Children in Texas

Negotiated solutions provide significant benefits to both children and parents. We also undertake and defend litigation involving these issues. We also have extensive experience in cases involving contentious child custody disputes that can exact a significant emotional and financial toll on both parents. Our team of child custody lawyers is prepared to lay out your legal options and provide our opinion regarding the likely outcome of your custody case. When needed, we draw upon the knowledge and skills of experts in various disciplines, such as child psychologists, child behavior specialists, and educators.

There are different types of custody, which is called conservatorship in Dallas, Texas.

Courts will determine rights and responsibilities for each parent, including:

• The residence of the child
• Support payments (if applicable)
• Educational decisions
• Medical decisions

Usually, one parent has primary possession while the other has a standard possession order. However, Texas laws surrounding this have changed and society has evolved. It is now possible to have a possession order in which neither parent’s residence is designated as the primary one. Instead, a geographic restriction is set to prevent moving the child’s residence outside a defined area. This, however, is something that needs to be set up on an individual basis.

Sole vs. Joint Custody in Texas

In Texas, custody arrangements are pivotal decisions in divorce or separation cases, often dictating the rights and responsibilities of parents regarding their children. The state recognizes two primary forms of custody: sole and joint custody.

• Sole custody grants one parent exclusive rights and responsibilities concerning the child's upbringing, including decisions regarding education, healthcare, and religion. In most cases, the non-custodial parent retains visitation rights, allowing them to maintain contact with their child. Texas courts may grant sole custody if one parent is deemed unfit or if it's in the child's best interests to limit contact with one parent due to issues like abuse or neglect.
• Conversely, joint custody, also known as shared custody, involves both parents sharing legal and/or physical custody of the child. Physical custody refers to where the child resides, while legal custody refers to decision-making authority. Post-divorce, joint custody provides stability and continuity for children by ensuring both parents remain involved in their lives.

In Texas, joint custody is favored by the courts unless it's determined to be contrary to the child's best interests or if one parent is unfit. In order to share custody and make decisions about the child's welfare, parents may be encouraged by courts to collaborate and create a parenting plan. The court will intervene if parents cannot agree and make custody decisions based on the child's best interests. Ultimately, whether sole or joint custody is awarded, Texas family courts prioritize the well-being and welfare of the child above all else.

What is Interfering With Child Custody in Texas?

Interference with child custody in Texas happens when a non-custodial parent knowingly entices or persuades a child to leave the possession of the custodial parent, guardian, or another legally recognized stand-in. Interference appears when someone takes or keeps a child under 18 years old, knowing it violates a court order or judgment.

If you are working through any of these complex issues, it is important to have a skilled legal team on your side. Our child custody lawyers have decades of experience representing parents in settlement negotiations, collaborative law sessions and litigation. We are prepared to apply our extensive experience on your behalf immediately.

Enforcement of Conservatorship & Visitation Orders in Dallas

If a parent who is subject to a custody/conservatorship order fails to comply with that order, the other parent can go to court to enforce it. This includes custody orders issued by courts in other states which cover parents who now live in Dallas, Texas. Our Dallas family law firm aggressively represents parents in these cases. If a parent is preparing to relocate with a child without the approval of the court, our Dallas family law attorneys can seek to obtain an emergency order to prevent the relocation until the court has time to adjudicate the matter.

Helping Families Develop Workable Parenting Plans

Child custody can be one of the most challenging aspects of a divorce to resolve. In the process of developing a shared parenting plan, the parents may not always agree on every issue. It is very important that parents work through their differences and reach an agreement on all parenting issues whenever possible. If they can’t, the court will make the decision for them. We have been successful helping our clients avoid litigation by negotiating workable agreements that seek to accommodate everyone's needs.

Among the items addressed in a shared parenting plan are:

• A schedule for overnights with each parent
• Holiday schedules, including spring and summer breaks
• Terms for how to handle unexpected schedule changes or parent unavailability
• Decision-making authority for day-to-day issues that arise
• Decision-making authority for issues such as education, religious upbringing, and extracurricular activities
• Pick-up and drop-off arrangements between the parents
• Child support provisions, including day care, health insurance, and school expenses

Can Police Enforce Child Visitation Orders in Texas?

Yes, police can enforce child custody orders in Texas.

However, many Dallas law enforcement agencies won't get involved and will refer you to family court.

To enforce a visitation order, you must show that you followed it exactly as it is written. You must also show that the other parent was not following the ruling.