Collin County Child Custody Lawyer
Assisting Clients Through The Child Custody Matters in Texas
If you and your former spouse or partner share children together, one of the issues that will take priority during your divorce case will be determining what the custodial situation will look like for your family. Establishing an environment which is safe physically and emotionally for your child is of the utmost importance.
The problem is what to do when both individual contest different forms of parenting styles, methods of education, or even where a child will live. The Texan court of family law will determine custodianship, also known as conservatorship, based on what seems to be in the best interests of your child.
As you seek to gain a situation that protects the health and well-being of your child, you can rely on our empathetic custody attorney in Collin County with Lisa Baker Canterberry, Attorney At Law to powerfully represent your family’s needs to the court.
Contact us online today or give us a call at (214) 367-5026 to speak with an experienced Collin County child custody attorney.
Understanding the Child Custody Process in Texas
Navigating the child custody process can be overwhelming, especially during emotionally charged times. At Lisa Baker Canterberry, Attorney At Law, we believe that knowledge is power. That's why we are committed to guiding you through each step of the custody proceedings, ensuring you understand your rights and responsibilities.
Here’s a brief overview of what to expect during the child custody process:
- Initial Consultation: We begin with a thorough consultation to discuss your unique situation, goals, and concerns.
- Filing for Custody: We will assist you in preparing and filing the necessary legal documents to initiate the custody process.
- Mediation: Many cases benefit from mediation, where both parties can negotiate terms amicably with the help of a neutral third party.
- Court Hearings: If mediation is unsuccessful, we will prepare you for court hearings, presenting your case effectively to protect your interests.
- Final Custody Order: Once the court makes a decision, we will ensure that the final custody order is clear, enforceable, and in the best interest of your child.
Our team is dedicated to making this process as smooth as possible, so you can focus on what truly matters—your child's well-being. Contact us today to learn more about how we can assist you in achieving a favorable custody arrangement.
Determining Conservatorship within Texas
The state of Texas often prefers child custody, also commonly entitled “conservatorship,” to be shared by both parents when possible. Ultimately, however, the courts will decide who receives conservatorship based on the individual needs of the child.
Some of the rights which are usually maintained by both parents, except for cases when the court removes parental rights, include:
- Determining the legal terms for the child’s present and future circumstances.
- Deciding on terms of a child’s medical treatment, including dentistry, surgery, therapy, and visits for psychiatric or psychological support.
- The ability to choose the child’s manner and location of education.
- The ability to organize and control finances to provide for the child’s well-being.
- The right to act on the child’s behalf in relation to decisions related to federal or state concerns.
Joint Managing Conservatorship
In Texas, courts often prefer parents to share conservatorship, a situation referred to as “joint managing conservatorship.” This would mean that the parents share the rights as defined above.
However, even if both parents are deciding on these key factors, the child’s primary residence is usually awarded to only one individual, to avoid disrupting the child’s physical care, education, and social upbringing. Figuring out which parent will be awarded the duties of primary residence and day-to-day care can be complicated unless you have the advice of a knowledgeable custody lawyer.
What Makes a Parent Unfit for Custody in Texas?
In Texas, a parent can be deemed unfit for custody if they have a:
- History of abuse
- History of neglect
- History of abandonment.
- History of physical abuse
- History of emotional abuse
- History of sexual abuse
- History of any form of negligence that puts the child at risk
If a parent is deemed unfit for custody, the court will typically award custody to the other parent. However, in some cases, the court may award custody to a third party, such as a grandparent or another relative.
It is important to note that the court will always consider the child's best interests when making a custody decision. Even if a parent has some of the factors listed above, the family court may still award them custody if they can show that they can provide a safe and stable home for the child.
If you are concerned about whether or not you are fit to have custody of your child, it is crucial to speak with our child custody attorney. Our attorney can help you understand Texas law and represent you in Collin County court if necessary.
When Can You Deny Visitation to the Non-Custodial Parent in Texas?
In Texas, visitation rights are an important aspect of child custody arrangements, allowing the non-custodial parent to maintain a relationship with their child. However, there are certain circumstances under which a custodial parent may feel compelled to deny visitation to the non-custodial parent. It is crucial to understand the legal grounds and processes involved to avoid potential legal repercussions.
Legal Grounds for Denying Visitation
Child's Safety and Well-being: The primary reason a custodial parent might deny visitation is if they believe that the child's safety or well-being is at risk during visits with the non-custodial parent. This could include situations involving domestic violence, substance abuse, or any behavior that could harm the child.
Lack of Proper Environment: If the non-custodial parent's living conditions are deemed unsafe or inappropriate for a child, this might warrant a reconsideration of visitation rights. However, such concerns must be significant and substantiated to justify denying visitation.
Violation of Court Orders: If the non-custodial parent consistently violates the terms of the visitation order, such as failing to return the child on time or taking the child to unapproved locations, the custodial parent may have grounds to seek a modification of the visitation order.
Importance of a Court Order
While there are valid reasons for denying visitation, it is crucial to have a court order supporting such actions. Acting unilaterally without a court's approval can lead to legal consequences. A custodial parent who denies visitation without court intervention may face accusations of contempt, fines, or even a modification of custody arrangements in favor of the non-custodial parent.
Seeking Legal Advice and Court Involvement
Before denying visitation, custodial parents are strongly advised to seek legal counsel. Our Collin County child custody attorney can help assess the situation, provide guidance on the best course of action, and assist in filing a motion to modify visitation orders if necessary. The court will review any claims regarding the child's safety and well-being and make determinations based on the child's best interests.
Modifying Visitation Orders
To legally alter visitation rights, a custodial parent must file a petition with the court to modify the existing visitation order. The court will require evidence to support claims that visitation poses a risk to the child. During this process, both parents may present their cases, and the court will decide based on the evidence provided.
When Sole Managing Conservatorship is Necessary
Although there has been much evidence pointing to the fact that a child benefits from the guidance of both parents, there are certain situations where it would be best for only one parent to have sole conservatorship of their child.
For example, if one party has a demonstrated history of domestic abuse against a:
- child
- spouse
- any other family member
whether physical, sexual, or emotional, then the court would not appoint conservatorship to that individual to protect the safety and well-being of a child.
You can trust our knowledgeable custody lawyer in Collin County to advise you on all the situations where sole conservatorship might be a better option for your child.
How Our Experienced Collin County Child Custody Lawyer Can Help
Hiring an experienced child custody attorney in Collin County offers significant benefits when navigating the often complex and emotional process of determining custody arrangements. Here’s how a skilled attorney can help:
Knowledge of Texas Custody Laws: Texas has specific custody laws and guidelines that prioritize the child’s best interests. Our experienced Collin County attorney knows these laws thoroughly and can help ensure your case aligns with legal requirements.
Personalized Strategy for Your Case: Every family’s situation is unique.
An experienced attorney can assess your specific circumstances and develop a customized strategy to help you and your child obtain the best custody or visitation arrangement possible. Effective Negotiation Skills: Child custody cases often require negotiation between parents. An attorney skilled in mediation and negotiation can advocate for fair terms, focusing on shared goals while protecting your rights.
Representation in Court: If your case goes to court, a seasoned attorney provides strong representation, presenting evidence and arguments effectively to support your custody preferences.
Guidance on Custody Modifications: Life circumstances can change, and a child custody attorney can assist in modifying existing orders when necessary.
Call us today at (214) 367-5026 to find detailed counsel from our experienced Collin County child custody lawyer, for any of your custody questions.
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See What Our Satisfied Clients Have to Say-
“Before finding Lisa, I've made contact with other attorney's and found the conversations scripted and impersonable. Lisa, on the other hand, was compassionate and simply listened.”
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