Fight for Your Children's Future with the Best Fort Worth Child Custody Attorney on Your Side!
Youngblood Law, PLLC helps parents create custody agreements that are in the child’s best interests.
Need Help Winning Your Case? Hire a Child Custody Lawyer Fort Worth Worth Residents Trust.
Navigating through the legal and emotional complexities at the end of a relationship is always challenging. However, the challenges are even more overwhelming when children are involved. You want what’s best for your children, which means you don’t want to go through a contentious legal battle. Instead, you want a non-adversarial resolution so your children can begin adjusting to the new normal. Our Fort Worth family law attorneys understand your concerns and can use dispute resolution strategies to help you avoid the courtroom. However, our firm will be ready for court to fight for you and your children if the other side refuses to negotiate in good faith.
Youngblood Law, PLLC strives to make the process as easy for children and parents as possible. We know this is an emotionally charged time, so let us assist you. Contact a Fort Worth child custody attorney today for more information.
What is a Child Custody Battle?
It is more common than not that when spouses decide to divorce, they both want custody of their children. When they cannot come to an agreement that they are both happy with and negotiation and mediation tactics have not worked, then it may become necessary for a hearing, called a child custody trial. This is commonly known as a child custody battle.
This means court involvement, more specifically, a family law Judge will examine each parent and their ability to provide a stable home for the child. They will listen to any evidence that suggests a party should not have custody, and they will make their own decision based on what they believe to be in the best interests of the children involved.
If your case is going to be heard in court, your choice of attorney becomes extremely important. A good family law attorney will be equally skilled in negotiation and mediation as they are in litigation in family law court.
Child Custody Matters
Our Fort Worth child custody attorney can assist with numerous legal matters. These issues include:
- Sole and joint custody
- Custody schedules
- Termination of parental rights
Different Types of Child Custody, Fort Worth, TX
The two most common forms of custody are:
- Joint Custody/Joint Managing Conservatorship/Joint Physical Custody
- Sole Custody/Sole Managing Conservatorship
Joint custody plans are the preferred plan in the eyes of Texas family law. This is because it has been proven by studies that following a divorce, a child stands the best chance of a healthy development if they still have access to both parents.
Under joint custody, parents may also be joint managing conservators, this means that although the child will live primarily at one house, and the other parent will have visitation rights laid out in a visitation schedule, both parents have the legal right to make the decisions that are important in the child’s life.
With joint legal custody, the most common visitation schedule is the alternating weekend schedule. Under this visitation schedule, the child will spend alternating weekends with each parent and one night a week with the visitation parent.
The courts will only consider awarding sole custody and sole managing conservatorship to a parent if the other parent poses a danger to the child. To seek sole custody, you will need to work with your attorney to present a very compelling case, backed with all of the correct evidence if you want to succeed.
Even if you are awarded sole custody, there is still a good chance the other parent will still maintain visitation rights. In some circumstances however, visitation will also be removed, or visitation will have to be supervised by a third party.
If you believe that you should be the sole conservator of your child, speak to a child custody attorney today. They will be able to help you form your plea appeal in a persuasive way and ensure your paperwork is in order.
Child Custody Mediation
Our Fort Worth child custody attorneys typically begin with negotiation and mediation. You might think that the divide between you and the other parent is too great, but you can likely benefit from non-adversarial resolution strategies. With help from an experienced family lawyer, parents can often come together and agree when they realize it’s in the best interest of the child.
By mediating and negotiating, you will spare your child the emotional rollercoaster of the courtroom. Also, you and the other parent have more flexibility when choosing a custody arrangement.
Your lawyer will consult with you to find out what you want out of the agreement. You can determine what’s most important and what you’re willing to negotiate. Then, your lawyer will work with the other side to reach an agreement outside of the courtroom.
Legal Considerations In Child Custody Cases
If your child custody case goes to court, the judge will decide how to divide time. Many times, the judge will meet with your child if he or she is 12 or older. While your child cannot choose where to live, he or she will have input in the decision. Also, the judge will consider the wishes of both parents, along with other factors.
Other factors include the relationship between the child and parents, the home environment, and how the child has adjusted to both households. Finally, the judge will determine if there is a history of domestic violence or drug use. Your Fort Worth child custody attorney can present evidence to support your desired arrangement.
Modifying Child Custody Agreements
Texas law is designed to ensure that the best interests of the child are met when executing child custody agreements. However, sometimes, circumstances change, and the existing agreement no longer meets those needs. When that happens, your Fort Worth child custody lawyer can help you get a modification. For instance, if the other parent is abusive, dealing with substance abuse, or incarcerated, we can fight to modify custody to protect the child.
Can You Relocate?
If you are the custodial parent and need to relocate, your child custody attorney can assist you with the legal process. First, your attorney can help you obtain consent from the other parent. Then, your Fort Worth child custody lawyer can assist in creating a new visitation schedule. The judge must approve the schedule before you can relocate. If approved, you are free to move to a new location.
Texas Law - Considerations in Child Custody Matters
If a family law Judge is being asked to make a decision on child custody, they will consider the following.
Does Either Parent Pose a Danger to the Child
First and foremost, the Judge will want to hear if there are any factors that could impact the safety of the children involved. This may include any criminal history, history of abuse or violence, history or current use of drugs and alcohol or cruelty.
However, it is also important to understand that just because you have a criminal history, or history of substance abuse does not mean the other spouse automatically gets sole custody. If your history is in the past, and you have worked hard to clean your life up and reform, and you can showcase this to the Judge, your history may not be used against you.
If you are either accusing a spouse of being a danger, or defending allegations, you need to work with a skilled attorney that can help you present your case.
The Parents’ Stability
The Judge will want to look at how stable each parent is, and their ability to carry on providing a stable and loving home to their child. If your spouse cannot hold down a job, but you have had a stable career for several years, this may play in your favor for example.
You and your spouse have a legal commitment to meet your children’s financial needs, and this commitment remains even after your divorce.
Parent Involvement in Child’s Upbringing
The Judge will also look at how involved you and your spouse have been in the upbringing of your children so far. They will look at who takes the child to important events like weekly sporting commitments, the doctors and the dentists. If you are the parent that goes to parents’ evenings and such, you should present this in your case.
The Emotional and Physical Needs of the Child
As well as the commitment to meet your children’s financial needs, you also have a legal right to meet their emotional and physical needs. This means that a family law Judge will want to investigate each parent and their ability to meet these needs, both now, and in the future.
The Judge will look badly upon any parent that has been seen to be engaging in behavior that could alienate the other parent or influence their opinions.
Closeness to Important Social Circles and Family Circles
Bonds made with close family circles or social circles such as dance clubs or sporting clubs are important. The court will want the child to maintain these bonds wherever possible.
Visitation Orders & Parenting Plans
Your child custody lawyer’s main goals will be to help you and your spouse come to an agreement in terms of custody, visitation orders, visitation schedules, and parenting plans without the need for court involvement.
If they can help you come to these arrangements without court involvement, you will save a lot of time and money and have a lot more control over the decisions.
While the alternating weekend plan is common, there are a huge variety of other arrangements that you may come to. Some parents agree to an alternating week schedule instead.
Enforcing Child Visitation Orders
Once your child’s visitation schedules have been agreed upon and finalized by a Judge, they become legally binding and if your ex starts violating these orders, preventing you from seeing your children, this is a violation of these orders. If this continues, you may need to involve your attorney who can explain to your ex the severity of what they are doing.
If they continue, you may need to seek help from the courts, which can legally enforce these orders.
A child custody lawyer can be a valuable asset in child support discussions. They will have a comprehensive understanding of the relevant laws and regulations and can provide insight into how child support matters should be handled.
They can assist with negotiations between parties, and can provide guidance on a wide range of issues such as determining the appropriate amount of child support, setting up payment schedules, and addressing issues such as medical insurance and educational expenses.
Negotiation and Mediation
Reducing the need for court involvement is always in the best interests of both parties. Court involvement means a hearing for every single issue, which can take weeks, even months, for each issue, and also add court costs to the proceedings.
This means that wherever possible, we use negotiation and mediation tactics to help spouses come to their custody agreements without the need for court intervention.
Our Fort Worth, TX, Child Custody Lawyers Today
Child custody cases are difficult for everyone involved, but by working with a dedicated attorney, you can move into a brighter new future, protecting your interests and those of your children.
While it may not seem like it now, it can be massively beneficial to preserve your relationship with your ex-spouse as much as possible. Later on down the line, it will be in the best interests of your children if you and your ex-spouse are amicable.
Call us today at 817-369-3970 to discuss your case.
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