Benbrook Child Custody Attorney
Some parents often overlook the impact divorce can have on their child’s life. When a divorce happens, children find themselves uprooted from everything they believe in and question what will happen to their future. Courts are aware of these concerns, so they often advocate for arrangements that call for both parents to stay active in their child’s life even after a divorce. However, this is not always possible due to unique circumstances in some cases.
If you are struggling to sort out a child custody arrangement for your child after your divorce, you can reach out to one of our experienced Benbrook child custody attorneys at Davis and Associates, Attorneys at Law. Our legal team can help you create a strategy that will enable you to fight for custody or a conservatorship arrangement, allowing both parents to stay active in their child’s life regardless of who has custody.
Additionally, our attorneys can assist you in seeking court action to enforce the order and modify the arrangement to suit each party’s circumstances while ensuring your children’s best interests are met.
Call Davis and Associates, Attorneys at Law at (817) 631-8492 for your Free Consultation with a Benbrook Child Custody attorney.
Child Custody in Texas
In Texas, child custody is referred to as “conservatorship.” During divorce proceedings, the court determines who will gain custody of the children. This process identifies a parent as the “conservator,” assigning them physical and legal responsibility for the children, including decisions regarding education, medical care, and religious upbringing.
The court may grant joint or sole conservatorship based on the circumstances of the divorcing parents and the children’s needs. Joint conservatorship provides both parents with equal rights to decide on the child’s upbringing, even if one parent has physical custody. Conversely, sole conservatorship grants one parent exclusive rights and physical custody.
When necessary, the court adjusts the conservatorship plan to align with the child’s best interests and the parents’ situations. Additionally, a visitation agreement or “access and possession” arrangement is established, allowing the non-custodial or joint conservator parent scheduled visits. The court ensures both parents comply with the order to facilitate the children’s adjustment post-divorce.
Given the nature of conservatorship, it’s advisable to work with an experienced Benbrook child custody attorney. Davis and Associates, Attorneys at Law will assign you to one of our attorneys, who will guide you through the legal process and work toward the best arrangement, whether you seek custody or visitation rights.
Determining Child Custody
Courts across Texas will fight for a conservatorship plan that ensures both parents remain active in their child’s life even after they divorce. However, they recognize that it may not be possible in certain situations, so they take their time to determine which parent should be granted sole conservatorship. In contrast, the other parent is given visitation rights.
To determine the ideal arrangement for the child, the court will utilize various factors to assess the situation of both parents and take note of the child’s best interests. Some of these factors include the willingness of either parent to take custody, their financial capability, and even their criminal history, if any. Children may also be asked about their preferences should the court believe they are mature enough to decide on the issue.
While we cannot guarantee that we will be able to help you secure your ideal outcome, Davis and Associates, Attorneys at Law’s child custody attorneys will do their best to fight for the ideal arrangement for you and your children. We will also negotiate on your behalf if the other party fights for custody and resolve any issues that may prevent the conservatorship discussions from proceeding.
Custody Modification and Enforcement
Even after court approval of a conservatorship plan, it remains subject to modification if the child’s or the custodial parent’s circumstances change. Situations that may warrant modification include medical emergencies, changes in employment, relocation, and others. The court will assess the modification request to determine if it aligns with the best interests of all parties involved, particularly the child.
Your appointed Benbrook child custody attorney can assist you in filing the modification request and navigating the ensuing court proceedings. We will amend the request as necessary and engage in negotiation with the other party to address any inquiries they may have regarding the proposal.
Should the other party fail to comply with the conservatorship plan, you can rely on our Benbrook, TX family law firm to advocate for enforcement. We will gather evidence demonstrating the other party’s non-compliance and oversee the enforcement process once the court issues the order.
Free Consultation Today
Even if you divorce your child’s other parent, you shouldn’t assume that your child will not need their presence and love. Both parents must stay active in their children’s lives because it will help them adjust to their new situation while still knowing that their parents are behind them, even if one is far away due to the divorce.
Work with one of our Benbrook child custody attorneys today to help you with these discussions. We’ll work with you to build the best custody arrangements that will provide for your children’s needs from now on.
Call Davis and Associates, Attorneys at Law at (817) 631-8492 for your Free Consultation with a Benbrook Child Custody attorney.