A Caring Approach To Custody Matters
Perhaps the most difficult part of a divorce or separation for parents is worrying about how it will affect their children, including their relationship with their children. If you are facing a custody matter, you need a caring lawyer who will explain the process, including your options so that you can make the best decisions possible for your children and your family.
The team at Albizu Law understands what you are going through, and we are here to help you understand your options and build a brighter new future for you and your children. We take the time to get to know each family law client, including their legal goals regarding custody, and tailor our approach to meet those goals.
Understanding Texas Law Regarding Custody
In Texas, legal custody is known as conservatorship, while parenting time or visitation is known as possession. The law does not assume that a court should grant one parent conservatorship over another. Barring issues of domestic violence or other harmful situations, Texas law favors custody arrangements that encourage a meaningful relationship with both parents.
The court will always decide these issues based on the best interest of the child. The law lists a number of factors to consider, including:
- The stability of each parent
- The emotional and physical needs of the child
- Whether each parent will encourage a relationship with the other parent
- The level of each parent’s involvement
- Strong family support systems
- Harmful situations for the child
- The preference of the child, if old enough
As you can see, some of these factors are very subjective. For that reason, you need an experienced attorney who can advocate for you in front of the judge.
Creating A Parenting Plan That Works
In most cases, the court will encourage you and your ex to try to create your own custody arrangement, including a parenting plan agreement. The benefit of working together to create a parenting plan is that you maintain more control over the process, and nobody knows your family better than you do. You and your ex can decide the best approach to conservatorship, child support, and possession for you and your children.
As long as the agreement meets legal requirements and seems to benefit the children, the court will likely approve it. If you cannot agree on a parenting plan, the judge will ask you each to submit your own proposed parenting plan for consideration.
What If Things Change?
Texas judges understand that children, families and circumstances change over time. If your family has undergone a significant change, you may need your parenting plan to change along with it. Our attorneys can assist you with pursuing a modification order regarding custody and/or support matters.
We Are Ready To Help
We are ready to assist you with your child custody matter. In addition, we are happy to offer bilingual services for Spanish speakers. Ms. Albizu is a native Spanish speaker, having grown up in Puerto Rico. Hablamos español. To schedule your appointment, call our Austin office at 512-861-5638 or send us an email today.