Dallas Child Custody Solutions for Families

Resolving Child Custody Issues in Dallas & Collin County

Figuring out a custody arrangement will be one of the most challenging parts of the divorce. It is usually better to figure out this arrangement collaboratively, but this is not always possible. If your spouse is fighting for an unfair arrangement, or you believe you need custody of your children for their safety, contact our Dallas child custody lawyer today.

Call Garcia-Windsor, P.C. today at (214) 432-6699 or contact us online to schedule a meeting with our child custody attorney in Dallas. We offer services in English and Spanish!

Understanding Child Custody Determination in Texas

Texas refers to child custody as "conservatorship." Parents can share custody of their children in "joint managing conservatorship," or one parent can maintain primary custody, also known as "sole managing conservatorship." Courts always make decisions based on what they believe to be in the child's best interests.

In most cases, even parents who do not have primary custody are given ample opportunity to visit and spend time with their children. It is rare for a court to deny a parent access to a child unless they have demonstrated violent and abusive behavior or have demonstrated little interest in the safety and well-being of their children.

If parents cannot come to an agreement on custody, a court may institute joint custody if:

• It will benefit the child’s mental and emotional health
• It will benefit the child’s financial and social welfare
• It will encourage parents to maintain a civil relationship on behalf of their child
• Both parents live relatively close to each other
• The child is at least 12 years old and has a preference for which parent they stay with

Children make divorce more complicated. While difficult for parents, divorce is often harder on the children. This is not to say it will not benefit them in the long run. Being a child of divorce is much healthier than being stuck in a family where the parents have irreconcilable differences. Both parents can still have a positive relationship with their children after a divorce.

Custodial Parents' Rights Explained

Custodial rights are typically listed in a document called an order and is signed by a judge. This order is legally binding on both parents and must be followed unless the order is modified.

Legal custody rights allow a parent to make major life decisions on behalf of the child. These decisions typically concern important aspects of the following:

• The child's health
• Safety and welfare
• Educational decisions, such as where they will go to school
• Medical decisions, such as what doctor they will see
• What religion they will or will not practice

Commonly Asked Questions About Child Custody

Can Custody Arrangements Be Modified in Texas?

Yes, custody arrangements in Texas can be modified when there is a significant change in circumstances that impacts the child’s well-being. Common reasons include a parent's relocation, changes in the child’s educational or health needs, or concerns about their safety in the current environment. Modifications require filing a petition with the court, which evaluates whether the requested changes serve the child’s best interests. Working with an experienced family law attorney can ensure your case is effectively presented.

What Happens if a Parent Violates a Custody Order?

When a parent violates a custody order in Texas, the other parent has the right to seek enforcement through the court. Examples of violations include denying visitation, relocating without approval, or failing to adhere to agreed-upon schedules. The enforcement process may result in penalties, including fines, contempt charges, or modifications to the custody arrangement. Persistent violations can lead to more severe consequences, such as loss of custody rights. Consulting with a knowledgeable attorney can help ensure swift and effective legal remedies.