CHILD CUSTODY

Understanding Child Custody in Dallas, Texas

In Texas, child custody is referred to as “conservatorship,” and it encompasses both the rights and duties of parents in raising their children. There are two main types of conservatorship:

1. Joint Managing Conservatorship (JMC): In a JMC arrangement, both parents share the rights and responsibilities of making decisions for their children, such as those related to education, healthcare, and religious upbringing. This is the default arrangement in Texas, as it is presumed to be in the best interests of the child.
2. Sole Managing Conservatorship (SMC): In an SMC arrangement, one parent is granted the exclusive right to make decisions for the child. This arrangement may be ordered if the court determines that it is in the child’s best interests, such as in cases involving domestic violence, substance abuse, or when one parent is deemed unfit.

In addition to conservatorship, child custody also involves determining the child’s primary residence and creating a visitation schedule, known as a “standard possession order,” for the non-custodial parent.

Factors Considered in Child Custody Decisions

When making child custody decisions, Texas courts prioritize the best interests of the child. Some of the key factors that may be considered include:

1. The child’s emotional and physical needs: The court will consider the child’s specific needs, including their age, development, and any special requirements, such as medical conditions or educational needs.
2. The ability of each parent to meet the child’s needs: The court will evaluate each parent’s capacity to provide a stable, nurturing environment for the child, including their financial resources, living arrangements, and ability to meet the child’s emotional and physical needs.
3. The child’s relationship with each parent: The court may consider the strength and quality of the child’s relationships with each parent, as well as their ability to foster a positive relationship between the child and the other parent.
4. The child’s preferences: If the child is mature enough to express a preference, the court may consider their wishes regarding custody arrangements. However, the child’s best interests will remain the primary concern.
5. Any history of abuse or neglect: If there is evidence of domestic violence, child abuse, or substance abuse, the court will carefully consider these factors when making custody decisions to ensure the child’s safety and well-being.

Developing a Customized Custody Plan

At Brian Andrade Family Law, we work closely with our clients to develop customized custody plans that prioritize the best interests of their children while protecting their parental rights. This process may involve:

1. Assessing your family’s unique needs: Our attorneys will take the time to understand your family’s specific circumstances, including your children’s needs, your parenting strengths, and your goals for the future.
2. Negotiating with the other parent: Whenever possible, we strive to help our clients reach amicable custody agreements through negotiation and collaboration with the other parent. This approach can help minimize conflict and ensure that the children’s needs remain the top priority.
3. Advocating in court: If an agreement cannot be reached, our experienced litigators are prepared to vigorously advocate for your rights and your children’s best interests in court. We will present a compelling case to the judge, highlighting the factors that support your desired custody arrangement.
4. Crafting detailed parenting plans: Our team will work with you to create comprehensive parenting plans that address all aspects of your child’s care, including decision-making responsibilities, living arrangements, visitation schedules, and provisions for holidays and special events.

Modifying Child Custody Orders

As children grow and family circumstances change, it may become necessary to modify existing child custody orders. Our attorneys can assist you with seeking modifications to custody arrangements, which may involve:

1. Demonstrating a material and substantial change in circumstances: To modify a custody order, you must typically show that there has been a significant change in circumstances that warrants a revision to the existing arrangement. This may include changes in the child’s needs, the parents’ living situations, or other relevant factors.
2. Gathering evidence to support your case: Our team will work with you to collect and present evidence that supports the need for a modification to the custody order, such as school records, medical documentation, or witness testimony.
3. Negotiating with the other parent: We will attempt to reach an agreement with the other parent regarding the necessary modifications to the custody order, prioritizing your children’s best interests.
4. Advocating in court: If an agreement cannot be reached, we will present a strong case to the court, demonstrating the need for a modification to the custody order and advocating for an arrangement that best serves your children’s needs.

Why Choose Brian Andrade Family Law?

At Brian Andrade Family Law, we are committed to providing our clients in Dallas, Texas, with the highest quality legal representation and support in child custody matters. Our attorneys bring a wealth of experience, knowledge, and compassion to every case we handle, and we are dedicated to achieving the best possible outcomes for our clients and their children.

Some of the key benefits of working with our firm include:

1. Extensive experience: Our attorneys have years of experience handling a wide range of child custody cases, from amicable agreements to complex, high-conflict disputes. We have the knowledge and skills necessary to effectively navigate the legal system and protect your rights.
2. Personalized attention: We understand that every family is unique, and we take the time to listen to your needs, concerns, and goals. We develop customized legal strategies tailored to your specific circumstances, ensuring that you receive the personalized attention you deserve.
3. Compassionate support: We recognize the emotional challenges involved in child custody cases, and we are committed to providing our clients with the compassionate support and guidance they need during this difficult time.
4. Skilled negotiation and litigation: Our attorneys are skilled negotiators who work tirelessly to help our clients reach fair and amicable custody agreements. However, we are also prepared to vigorously advocate for your rights and interests in court when necessary.
5. Focus on the best interests of the child: At Brian Andrade Family Law, we always prioritize the best interests of the children involved in custody cases. We work closely with our clients to develop custody solutions that promote the children’s well-being, stability, and happiness.

If you are facing a child custody issue in Dallas, Texas, the experienced family law attorneys at Brian Andrade Family Law are here to help. We offer confidential consultations to discuss your case and explore your legal options, and we are committed to providing the skilled representation and support you need to protect your rights and your children’s best interests. Contact us today to learn more about how we can assist you.