Child custody battles can be overwhelming. If you are fighting for custody of your children, you don’t have to face the courts alone. Turn to a trusted Fort Worth child custody attorney for the zealous advocacy you need during this challenging time.
No one ever marries with the idea of going through a painful divorce at any point. When there are children involved, family law cases become even more complicated and emotionally overwhelming. The last thing any of us want to face is a drawn-out and often expensive child custody battle.
Sometimes, however, you have no choice but to fight for your child’s best interests with help from a family law attorney.
The courts prefer, and the parties often sincerely want, to protect the children and ensure they know they’re loved by both parents and that their relationships won’t suffer as a result of the divorce. Sadly, that doesn’t always happen.
Whatever situation you are facing, skilled family law firms and child custody attorneys will be able to offer legal advice and make sure your rights are protected.
People never anticipate requiring divorce attorneys in the Fort Worth area. But, when they do need one, someone experienced in multiple family law matters should be the one you choose. A reputable family law attorney in Fort Worth TX such as Jon R. Boyd can help you with child custody, child support, division of assets, spousal support, and other family law matters after a divorce in Texas.
Texas law terminology can be a little confusing. “Conservatorship” is the term used in the Texas Family Code for child custody. There is “Sole Managing Conservatorship” and “Joint Managing Conservatorship,” which is what people often call “sole custody” and “joint custody.”
The law presumes parents should be named as “joint managing conservators”. If there’s no evidence to the contrary, under the Texas family law, it is in the child’s best interest that both parents are named managing conservators. While that can equate to equal possession, it doesn’t do so.
However, the courts will always consider the best interest of the child or children in question. To do that, Texas family courts take into consideration several factors, including:
Also, if the child is more than 12 years old, their wishes, as well as emotional and physical needs, are also taken into consideration.
If both parents demonstrate the ability to take care of children and do what is in their interest, family courts are often inclined to ensure both parents have contact with their kids.
Joint custody can be legal and physical. Joint legal custody means both parents are deciding about how their child will be taken care of and raised when it comes to education, health care, and other family matters.
Joint physical custody refers to where the child lives. But, that doesn’t mean the child will have to spend 50% of the time with each parent. Parenting agreements can be made to be convenient for all the parties involved.
If one parent is considered unfit, a sole conservatorship can be awarded to the other parent who will, in that case, have exclusive conservatorship over the child in question. Sole physical custody would mean that a child primarily resides with one parent.
But, it’s fair to say that Texas family courts prefer joint custody arrangements. Joint physical custody can be practically difficult, so courts often suggest parents be joint managing conservators. In that case, both parents are equally involved in making legal decisions regarding the child or children, but they predominantly live with one parent.
On the other hand, according to Texas law, sole custody doesn’t meet the standard of the child’s best interest. Of course, there are exceptions such as domestic violence cases, as well as cases when one parent is incarcerated or struggling with substance or alcohol abuse. However, most parents wanting sole custody actually want primary or sole physical custody, which would be a more realistic goal.
Our law firm gets many calls from clients seeking “50-50” custody. We can help you get there. Jon R. Boyd has seen many of these Texas child custody cases unfold and has worked tirelessly to guide fathers (and mothers) to a solution that keeps their children safer and in an all-around better environment.
As mentioned, there is a presumption of “joint custody,” and many family law attorneys and others will try to discourage child custody litigation or force you to settle the case. We understand those challenges, and we understand that there are those times when only a court’s intervention can resolve the issue.
Child support and child custody orders can be changed if circumstances in the life of one or both parents alter them. If a significant change occurred in a parent’s life or a child’s life or one parent relinquished their right to the child, a family court may revise the custody decision.
Another reason that can cause the revision of the decision is if the child has requested the change in visitation or custody plans. There is more weight behind the child’s wishes if they are older than 12. Nevertheless, the child doesn’t have the right to choose with whom he or she will live. Their preference would be just one of the things the judge may take into consideration.
The modification shouldn’t be taken lightly or requested every time a minor change occurs. Life changes that require it should be big enough to have a significant effect on one or both parents’ ability to take care of the child or satisfy the previous orders. A loss of job, an unexpected move to another city, or a military deployment may be one of the scenarios that would be enough for revision of the court decision.
When a judge determines who will pay for attorneys’ fees in family law cases, she or he may consider the financial status of both parents. If one parent earns substantially more money, the court may order that the parent who is more financially well-off pays some fees of the other parent or all of them.
Also, a court may make one parent responsible for paying the attorney fees. That is usually the case when one parent doesn’t comply with court orders, fails to reveal assets, or acts in bad faith.
The average cost of a child custody case in Texas may range between $5,000 and $35,000. However, some cases may be far more expensive, depending on the circumstances of the case and whether additional costs (for example, for subpoenas or drug tests) will be necessary.
There may be numerous reasons for fighting for custody of your children. Your spouse may be using illegal drugs or abusing alcohol. She may be alienating the children from you. Perhaps your former spouse is mentally or even physically abusive to you or your child. Sometimes, perhaps you are both good parents, both with solid careers and a safe home, but you both want to be the primary custodial parent, each believing he or she has more to offer your child.
How are these child custody disputes resolved? Hopefully, by agreement. Ideally, two parents will come together for the sake of their children, even in the midst of a divorce. But if not by agreement, the court must make the decision after a contested trial. In Texas, that can be by trial by judge or trial by jury.
These days, fathers are seeking full custody more than ever – and in many instances, they’re winning. Often, it has more to do with the career choices of both parents and the working hours moms and dads have. Other times, there are outside influences that make it safer for the kids to remain with their father. Sometimes, the other parent simply is not the best parent to have the children in their primary custody for various reasons.
Although family law attorney Jon R. Boyd represents both genders, he has worked with Fathers for Equal Rights for over 25 years. Helping men and fathers get treated equally with child support, family law, and child custody issues is what he strives to do.
In some cases, you are not required to have a lawyer during your child custody case. However, if your former spouse has retained legal help, it would be wise for you to also retain a lawyer. You can ask your friends or family for recommendations, browse the web to look for a law office that seems promising, or inquire about recommendations at the state bar.
However, child custody cases are serious, and it’s crucial that your attorney has experience in the family law practice area. That way, you can be sure your parental rights are protected, so you may hope to get a positive outcome. An attorney can assist you with visitation schedules, establishing parenting agreements, help to determine grandparent’s rights, and more.
We’re here to guide you as the legal process unfolds. Whether you are seeking full or primary child custody or are simply looking to revise your existing custody, visitation orders, or parenting plan, we invite you to contact our law office today.
Boyd Family Law has over 40 years of experience serving clients with family law issues in the Fort Worth area. Jon R. Boyd, with an office in Fort Worth, is a formidable partner as you seek to ensure the well-being of your children.
City Centre II
301 Commerce St
Ste 2900
Ft Worth, TX
76102
(817) 288-7134
or
(817) 388-4500
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