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Child Custody Lawyer Collin County Texas

Home / Child Custody Lawyer Collin County Texas

Child Custody Lawyer Collin County Texas

Child Custody Lawyer Collin County TXIf you are going through a child custody battle, it is highly recommended and tremendously advantageous to consult with a child custody lawyer Collin County TX residents trust. Child custody cases can be a complicated process and you don’t want to go through that on your own.  When searching for a Collin County TX child custody lawyer, make sure they are experienced and board certified in family law by The Texas Board of Legal Specialization. The divorce process and child custody proceedings are an emotional undertaking for all parties involved. By working with an experienced child custody lawyer Collin County TX has relied on for years, you can be assured that the best interest of you and your children are served.

Conservatorship and possession and access are more commonly referred to as child custody and visitation.  Unless you are a board certified Collin County Texas child custody lawyer, and are familiar with current verbiage and child custody laws, we recommended to seek counsel as soon as possible.

What is a Conservator?

The conservator or conservators are the parties, typically the parents of the child. A conservator can make decisions regarding the children such as the primary residence of the child, where the child goes to school and whether they need an invasive medical or dental procedure.   In Texas, it is presumed that the parents should be named Joint Managing Conservators and share in certain child rearing decisions. However, that is a rebuttable presumption.

A court may alternatively appoint one party as the sole managing conservator of the child. In making such a determination, the Court will consider any history of family violence, child abuse or neglect, or whether a protective order was issued against one of the parties.  When the preponderance of the evidence establishes one party’s history of child neglect, physical or sexual abuse, the Court rebuts the presumption of naming the parties joint managing conservators, and instead will appoint one parent as the sole managing conservator of the children. The overriding consideration in making this determination is what is in the best interests of the child.

Texas public policy requires the courts assure children have frequent contact with both parents who show they act in the best interests of the child. Such parents, as a minimum, should have possession of the children as delineated in the Standard Possession Order as that is delineated in the Texas Family Code. If parents do not provide safe and stable environments for their children, they can expect to have far less possession of their children and may even have that possession ordered to be supervised.

What is the Best Interest of the Child Standard?

Above all else, Texas courts are concerned with the best interest of the child and should always give that primary consideration when determining issues of conservatorship and possession and access of the child. Incidents of domestic violence or sexual abuse are closely scrutinized by the court when it considers appointing a sole or joint managing conservator and whether one or both parents shall be given decision making ability regarding the children. 

Texas courts consider a variety of factors when determining what will be in the best in the best interest of a child, such as the child’s desires, the emotional and physical needs of the child, whether there is any danger to the child, each parent’s abilities, programs available to the child, and generally their well-being and adjustment to life. Upon request, the court must consider the desires of a child age 12 or over regarding conservatorship, and with which parent they wish to live. Note that the court is not bound by the child’s desires, but they must consider them as a factor. There are also special rules the court uses when there is a child less than the age of three regarding possession and access.

How Child Custody Decisions Are Made

As a child custody lawyer in Collin County TX can attest, judges consider many different factors when deciding child custody cases, such as:

  • Each parent’s living situation: In many cases, a judge may award custody to the parent who stays in the family home because it provides stability. The child can stay at the same school and be around familiar surroundings.
  • Child’s preference: If a child is older than 12, a judge may consider that child’s preference of who he or she wants to live with, but as mentioned above, that preference is not determinative.
  • Age of children: A judge may also take a child’s age into account, as a child custody lawyer Collin County TX clients respect can confirm.  The judge is always supposed to determine what is in the child’s best interest, whether that is spending more time with the mother because she is still breast feeding or spending equal amounts of time with both parents because both parents have been very involved in the child’s life prior to the divorce.
  • Each parent’s relationship with the child: When making a custody decision, a judge may also look at each parent’s relationship with the child before the divorce. If one parent was not very involved in the child’s life before, it is unlikely that a judge will give that parent custody.
    Which parent will help nurture the relationship with the other parent. The court often takes into consideration which parent will help foster the relationship with the other parent.  This helps to alleviate issues of parental alienation (turning the child against the other parent).
  • Abuse: If there is proof that a parent abused a child, a judge may likely limit that parent’s involvement.

Types of Child Custody Arrangements

The goal of custody arrangements is to find a safe and schedule for the children to allow them to grow up in the best environment they can. Custody arrangements can be settled in numerous different ways as seen fit by the judge.

  • There are three types of conservatorship that a parent can be awarded; a joint managing conservator, the sole managing conservator, or a possessory conservator.  
    • Joint Managing Conservatorship — As a child custody lawyer Collin County TX relies on may tell you, one of the most common custody arrangements is joint managing conservators. In this case, both parents (or parties) are named joint managing conservators of the child, and they share in the major decisions of the child’s life.  There are innumerable ways this can be done. The parents can make joint decisions regarding some or all of the major choices for the child, such as education and invasive medical. The parents may have the right to make those decisions independently when the child is in their possession. A child custody lawyer Collins County TX trusts can advise you on how to best settle conservatorship issues to fit the needs of both you and your child.
    • Sole Conservatorship — A sole custody arrangement is when one parent is awarded sole decision-making ability for the child. This can happen in a number of situations such as in the case of drug abuse, neglect or physical abuse.  When this occurs, the parent named sole managing conservator will be awarded the exclusive right to make major life decisions for the child. There is a rise in the inclusion of visitation rights for the other parent even when sole custody is agreed upon which is something to be aware of. The pros and cons of sole custody can be explained to you by a child custody lawyer Collin County TX trusts.
    • Possessory Conservatorship – Normally, when one parent is appointed a sole-managing                                 conservator of the child, the other parent is appointed as a possessory conservator of the child. Unless the court rules otherwise, this still allows the possessory conservator some rights regarding the child such as the right to information from the child’s school and doctors, and the right to attend the child’s school functions, just to name a few.  It additionally allows them to have some possession and access of the child.

Benefits of Hiring a Child Custody Lawyer

During a child custody battle, it is in your best interest to work with a child custody lawyer Collin County TX residents count on. The following are some of the benefits you will receive from hiring proper legal representation:

  • Familiarity with family law: An experienced, board certified Collin County TX child custody lawyer has handled many child custody cases in the past and is prepared to tackle any issues that arise.
  • Reduced stress: Going through a child custody battle can be very time-consuming and stressful. If you hire a family law specialist, he or she can do the legwork involved so that you can continue to move forward in life with the  assurance your best interest is being served.
  • Confidence in the courtroom: If you have to go to court, a child custody lawyer Collin County TX residents depend on will know how to present your case effectively to the judge. He or she will use the information available to show the judge why you should be granted conservatorship.

Custody battles can be tedious and lengthy. Allow a child custody lawyer Collin County TX believes in to help bring you peace of mind while fighting for your goals. The law surrounding child custody is very intricate and it is important for you to have a full understanding of your legal rights. No child’s custody should be left in the hands of an inexperienced lawyer. Do not wait to retain legal counsel.

This information is being brought to you by Mark L. Scroggins and Scroggins Law Group. Mr. Scroggins is a family lawyer in Frisco, Texas who is board certified in family law and has years of experience working with parents who need a Collin County TX child custody lawyer.