Dallas Child Custody Attorney

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It is often preferred by Texas courts that a couple seeking a divorce work out their own custody and visitation rights on their own through an uncontested divorce. If an agreement cannot be made, however, the court will step in and will make decisions based on the principles of what they believe to be the best interests of the children.

At Mathur Law Offices, P.C., we assist clients throughout Dallas, Fort Worth, Denton, Tyler, and the surrounding communities in all matters relating to divorce and conservatorship. As a direct result of the serious and sensitive nature of your case, it is within your best interests to retain our immediate representation.

How Is Possessory Conservatorship Determined?

There are two different categories under the umbrella of conservatorship that must be decided by the parents or by the courts: possessory and managing. Possessory deals with actual physical custody of the child or children involved.

Important Factors to Consider When Creating a Child Custody Order

Parents must create a child custody order in their divorce decree that outlines how the children will be raised and what to expect from both parents. Having a sound custody order can help to ensure that your child's needs are taken care of, and that he/she grows up in a healthy, conflict-free environment.

Some of the issues you should discuss regarding custody include:

1. Non disparagement clause
2. Visitation and special circumstances
3. Parenting Facilitator or Parenting Coordinator
4. Travel itineraries
5. Long distance exchanges and airport exchanges
6. Persons authorized for pick-up or drop offs
7. Decision making on major issues
8. Special needs of the child
9. Telephone and electronic communication access
10. Mediation clauses to solve future disputes
11. Medical information access and decision making
12. Extra-curricular activities, payment and decision making
13. Health insurance
14. Choice of schools
15. Geographic restrictions on residence and visitation
16. Child support and payment
17. Religious holiday exchanges
18. Extended vacation exchanges and rights
19. Web based child management program clauses
20. Insurance to cover child support if parent dies

It is highly encouraged that clients discuss issues they foresee with their attorney so that they can help them discover amiable solutions. Not only will this hopefully help to reduce conflict in the child's two separate households after the divorce, but it will also allow for a more stable environment for the child.

Rights For Managing Conservators

Texas law works on the basic assumption that most parents who are obtaining a divorce will be made joint conservators. This does not necessarily mean that physical custody will be equally split in terms of time spent with the child, but that both parents may be managing conservators. Managing conservators, otherwise known parents with legal custody, involves all of the duties related to raising the child.

Usually, under Texas law, the conservatorship and visitation rights are divided somewhat equally unless there is reason for the court to believe that one party is a hazard to the child's well-being. Our Dallas custody attorneys are highly experienced and prepared to help you protect your child's future.

A Child's Preference & Custody Agreements

Under Texas law, a child that is at least 12 years old can tell the court what their preferred living arrangement may be. The court will take this into consideration, but does not need to grant the child's wishes if they feel doing so would be contrary to their best interests. While the child is unable to make any decisions about where they will live until they turn 18, the closer to the legal age the child may be, the more likely they are to have their preferences and wished granted by the court in a custody case

When considering the wishes of the child, the judge will take into account:

• Age and maturity of the child
• Why the child has this preference
• Child's hostility towards one parent
• Preferences of the other siblings

If a child has strong feelings about which parent they want to live with and they are over the age of 12, they can request a hearing with a judge. The judge will speak with the child about the custody agreement and review the reasons why the child would prefer to live with one parent over the other. In addition, the child can bring up concerns and considerations about visitation with each of the parents for the court to consider.

The judge will use the child's answers to help them make their decision. It is likely that some factors will override the child's decision, such as avoiding a custody arrangement that alters the stability and structure of the child's life, keeping the child with their siblings, and ensuring the care and attention the child will need is provided.

For Further Reading:

• How Can a Grandparent Obtain Custody

Making Our Clients Our First Priority

Oftentimes custody battles can be full of conflict. At Mathur Law Offices, P.C., we know that resolving these matters quickly can allow for the least amount of damage for both you and your children. Hire an accomplished attorney who can guide you through this tumultuous time.

Should you choose to retain our Dallas family law firm, we will work personally with you and fight on behalf of your rights, because we truly want you to achieve your desires. With such an important decision on the line, do not let just anyone handle your case – call our office today!