Best Child Custody and Visitation Lawyers in Texas

It's essential to seek a lawyer experienced in Texas child custody laws and with a proven track record in handling similar cases. America Family Law Center has the best track record and is the most respected by judges and others of any legal organization in Texas. Finding the best child custody and visitation lawyer in Texas often involves ensuring that they meet your specific needs and case; America Family Law Center is the expert at this.

What is a Child Custody/Visitation Lawyer?

A child custody or visitation lawyer specializes in handling cases related to a child's legal and physical care after a family separation or divorce. These legal professionals navigate the complex legal system to advocate for their client's interests regarding childcare decisions. They can assist you with establishing, modifying, or enforcing child custody and visitation arrangements (source).

Child Custody

Child custody is a legal term regarding a child's physical and/or legal possession. Custody means to have the child in your physical possession. Conservatorship, often confused with custody, means the right to decide for or about the child. Child custody is often determined based on the child's best interests, as determined by either the parents or the Judge.

In Texas, when a child is born to a legally married woman, the husband is automatically considered the legal father of the child.

Disputes about child custody and conservatorship typically arise in situations involving separation, divorce, annulment, adoption, incarceration, or parental death. If you have a child custody situation, you can find Texas's best child custody lawyers at America Family Law Center.

The child custody lawyers at America Family Law Center, also referred to as child custody attorneys, have many years of experience in family law and dealing with all sorts of issues and complexities of child custody. No case is too difficult. Contact America Family Law Center now for a free case evaluation.

America Family Law Center may have pro bono child custody lawyers to assist parents with low income or who meet financial qualifications. The best child custody lawyers at America Family Law Center may often function as legal aid lawyers, pro bono lawyers, affordable child custody lawyers or lawyers providing child custody assistance to low-income families.

Low-income and pro bono child custody lawyers are very busy; call now, don’t delay.

Child custody may involve what people often refer to as joint custody or sole custody. These are often misunderstood terms and don’t mean what people think. Talk with the child custody lawyers at America Family Law Center for clarification and to be sure you get what is best for your child.

Kinship Placement

Kinship placement is a term that often refers to child custody of a child who is related to the person who is accepting to care for the child.  This often occurs with proceedings involving Child Protective Services (CPS) but can also occur when a parent dies or is in the military and is being deployed.  The child custody lawyers at America Family Law Center can help you with all types of matters involving kinship placement.

Child Custody Establishment

Child Custody is typically established at the birth of the child.  When a child is born, the mother and father are assumed to have custody of the child. This is fine when the mother and father are living in the same household and share their lives. However, when this is not the case, there is often need to make sure that the custodial rights of both parents and any other adults involved are spelled out.

Understanding Child Custody and Parental Rights

The legal rights of a parent are referred to as the parental rights. Child custody can also be called a conservatorship.  In Texas, conservatorship is used while other states may also use the word guardianship. When child custody is not clearly defined and agreed upon, the parents, the conservators, and the children will suffer.

Child Custody Agreements

Child custody is determined in child custody agreements that are part of a divorce settlement between two individuals that are dissolving their marriage. The divorce agreement will discuss the division of the marital assets and will also involve any decisions about the care of the children involved in the divorce. These decisions can include child support and determine who make choices about education, medical care, religious upbringing, and any other activities that a child may be involved.  Besides, without putting these decisions in writing, it is difficult for one parent to have a say in what the other parent does when they have physical custody of the child.

The other part of the child custody agreement will be devoted to who the child lives with, visitation rights for either parent, the types of visitation that are allowed and what will happen in the future as the child grows older.

Family law governs child custody cases. There are many times when the parents can work out the care of their child in a fair and equitable way. They can communicate about how they should handle the parenting duties of the child even though they have gotten divorced. There are many other times when the care of the children is not so friendly. In these cases, the agreement is vital to make sure that the child’s welfare is protected. Violating the contract can be dealt with by the courts when the agreement is in place.

Other Considerations

There are other cases where a child is not in a safe environment, and another relative will work to gain custody of the child. In these cases, a parent may want to give up their parental rights to this relation but will also want an agreement in place, so they are still involved in the child’s upbringing.

Family law experts can help a person understand terms that are used including conservatorship, custodial parent, non-custodial parent, and visitation. Parenting plans can be created to keep everyone on the same page for the benefit of the child.

Additional Questions

People often have the following types of question:

• Do I have the right to make medical decisions for my child?
• How do I get custody of my child?
• What if the mother won’t follow the custody agreement?
• Do I have the right to decide where my child lives?
• Can my child be taken out-of-state?
• What do possession and access mean?
• Who has the right to custody?
• Do I have the right to make educational decisions for my child?
• What is a custodial parent?
• Can the mother decide where my child lives?
• Do I have the right to see my child?
• What can I do with my child when they are with me?
• When can my child stay overnight with me?
• What does conservatorship mean?
• Who determines where I pick-up my child?
• What if the mother says I can see my child?
• Who gets my child on holidays?
• Do grandparents have rights?
• What is joint custody in Texas?
• Why does a custodial parent get custody?
• Do grandparents have rights
• What is sole custody in Texas?
• What does sole custody mean?
• What does possessory custody mean?

Child Custody and Visitation in Texas

Child Custody and Visitation rights are critical elements in ensuring the welfare of a child during and after a family separation. It's essential to understand these terms and the legal framework surrounding them. This information, specific to Texas law, will help you navigate through these challenging circumstances. For personalized assistance with your unique situation, America Family Law Center is here to offer comprehensive legal support.

Understanding Child Custody and Visitation Rights

It's easy to become confused with the numerous terms associated with child custody and visitation rights. These rights dictate where a child will live and who gets to make decisions about their welfare, education, health, and more.

There are various types of custody arrangements, including sole custody, joint custody, shared custody, and more. Each custody arrangement has specific implications for the role of each parent in their child's life (source). For a comprehensive understanding of these custody arrangements, contact America Family Law Center.

Child Custody

Child Custody, as defined by Texas law, involves two aspects: conservatorship and possession and access. Conservatorship is the legal right to make decisions about a child's welfare, education, and health. Possession and access, often referred to as visitation, detail when each parent will spend time with the child.

Child Visitation

Child visitation rights in Texas ensure that noncustodial parents have the right to spend time with their children. The specific visitation schedule can vary, and it's generally decided based on what's in the child's best interest. The typical standard visitation includes the 1st, 3rd, and 5th weekends of each month, a month in the summer, and alternating holidays (source).

The Costs of Child Custody and Visitation Lawyers

The costs of a child custody and visitation lawyer can vary based on several factors, including complexity of the case, the lawyer's experience level, and geographic location. Some legal services may be billed at an hourly rate, while others may charge a flat fee. It's essential to discuss fee structures during your initial consultation with the lawyer. America Family Law Center strives to make legal services accessible to all, and we're happy to discuss your financial concerns and needs.

Understanding Conservatorship in Texas

Conservatorship is a legal term used in Texas to describe the legal rights and responsibilities of a parent. Texas family law differentiates between two types of conservators: sole managing conservator (SMC) and joint managing conservator (JMC). An SMC has exclusive rights over a child, while JMCs share rights and duties (source).

Child Custody / Visitation

In Texas, child custody and visitation rights are paramount to maintaining a strong parent-child relationship. At America Family Law Center, we understand the unique dynamics of family law and are here to provide guidance and legal services during these challenging times.

Understanding Child Custody & Visitation

The term "child custody" is often used interchangeably with "conservatorship" under Texas law. The Texas Family Code generally favors joint managing conservatorships where both parents share the rights and duties of a parent¹. However, it is essential to note that joint conservatorship does not always mean equal physical possession of the child. Visitation, on the other hand, is the term used to define the specific times during which a parent has the right to be with the child².

Conservatorship in Texas

In Texas, conservatorship includes the right to make decisions on behalf of the child. Unlike custody, it does not generally refer to where the child lives. There are two types of conservatorship in Texas: joint managing and sole managing conservatorship³. Joint managing conservatorship implies that both parents share the rights and duties of a parent, while sole managing conservatorship means one parent has the exclusive rights and duties.

Possessory Conservator

A possessory conservator, usually the noncustodial parent, has visitation rights and certain other rights to the child. It's crucial to note that being a possessory conservator does not mean you have less love or concern for your child; it's merely a legal term.

Child Custody Rights

Child custody rights involve both legal and physical custody. Legal custody pertains to the right to make important decisions about your child's life, such as their education, healthcare, and religious upbringing. Physical custody pertains to where your child lives on a regular basis.

Mother's and Father's Child Custody and Visitation Rights

In Texas, the law does not favor either the mother or the father. Both parents are considered equal, and gender is not a consideration for determining custody rights⁴. However, the judge will consider the best interest of the child, which can involve various factors, such as the child's age, emotional and physical needs, parental ability, and stability of the home environment.

Joint Managing vs. Sole Managing Conservator

The primary difference between a joint managing conservator and a sole managing conservator is the allocation of decision-making responsibilities. In joint managing conservatorship, both parents share the rights and duties, while in sole managing conservatorship, one parent has the exclusive rights and duties⁵.

Adult Guardianship vs. Child Custody

Adult guardianship is a legal process in which a court appoints an individual to take care of an adult who cannot care for themselves due to physical or mental disability⁶. This is different from child custody as custody refers to the legal and physical responsibility of a minor child.

Custody Types: Understanding The Differences

The type of custody arrangement parents have can greatly affect both to the end of this interaction. Return to the beginning of this interaction.

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