Van Alstyne, Texas Child Custody Attorney

Lawyer Helping to Resolve Disputes Related to Child Custody in Van Alstyne

When parents choose to divorce or live separately, they will need to make decisions about their children. As they address child custody, they will need to determine where children will live, how much time each parent will spend with children, and who will make important decisions about children's upbringing. These questions will all be addressed in child custody cases handled in family court, and the final terms of a child custody order can affect children's daily lives and their relationships with their parents for years to come.

The attorney at Moore Family Law, P.C. works with parents in Van Alstyne to address issues related to child custody. He understands how much is at stake in these cases, and he can help ensure that parents will be prepared to make decisions, put agreements in place, and resolve any disputes they may encounter. His goal is to develop effective child custody orders that will meet a family's needs while protecting a parent's rights.

Terms Used in Texas Child Custody Cases

Texas law uses the term "conservatorship" to describe the legal relationship between a parent and child. Conservatorship will address decision-making authority for children, detailing the rights and duties of each parent. The term "possession and access" is used to address where children will live and when they will spend time with each parent. These two components will be addressed during a child custody case, and the final decisions will be based on what a family court judge believes to be in a child's best interest.

Options for Conservatorship

Joint managing conservatorship is the most common arrangement put in place in Texas family law cases. This will allow both parents to share the rights and duties of raising a child. Both parents will have a role in making decisions about a child's upbringing, including matters related to education, healthcare, and religion. However, parents will not necessarily be required to share equal possession and access.

In some cases, a court may put sole managing conservatorship in place, giving one parent the right to make decisions about a child's life without input from the other parent. In these cases, the other parent may be named a possessory conservator, giving them the right to visitation without having decision-making authority.

Sole managing conservatorship may be used in cases involving family violence, neglect, substance abuse, or other circumstances where there are concerns about a child's safety and well-being. If parents are unable to cooperate and make decisions together, sole custody may be appropriate to avoid conflict in the future.

Possession and Access

During a child custody case, the physical custody of a child will need to be addressed. These issues are sometimes referred to as visitation or parenting time. Possession and access will address the schedule for when a child will be in the care of each parent. Courts will typically take steps to ensure that children can spend a reasonable amount of time with each parent while encouraging both parents to be closely involved in children's lives.

A parenting time schedule may state that children will live in one parent's home most of the time while detailing specific days and times when they will stay with the other parent. In some situations, parents may share equal amounts of possession and access, or other solutions may be used if parents live far apart or if regular transportation between parents' homes is impractical. While one parent may be given the right to decide where children will live most of the time, a court may place geographic restrictions on where they can live to ensure that children will not be relocated to a new home that is too far away from the other parent.

Common Child Custody Disputes

As they address issues related to child custody, parents may encounter multiple types of disputes over issues such as:

Disputes Over Decision-Making Authority

When parents share joint managing conservatorship, they may disagree over major decisions, such as where a child will go to school, which types of medical treatment will be appropriate, or whether they will participate in religious activities. When parents cannot agree on these issues, one parent may ask the court to grant them exclusive decision-making authority over specific issues.

Relocation Disputes

A parent may plan to move to a new home, and this may affect the other parent's ability to see and spend time with a child. Whether a parent is moving to a different county, a city on the other side of Texas, or out of the state entirely, the other parent may object. The parents may need to go to court to ask a judge to approve or deny the relocation. When reviewing the case, the judge may look at whether a relocation will serve a child's best interests and what solutions may be used to ensure that the child can maintain a good relationship with both parents.

Parental Alienation

One parent may be accused of taking actions to undermine a child's relationship with the other parent. These actions may be overt or subtle, and they may include making negative comments about the other parent in front of the child, interfering with the other parent's parenting time, or discouraging a child from spending time with the other parent. When this happens, a parent may raise the issue in court and ask for changes to a child custody order or other measures that will prevent parental alienation in the future.

Interference With Child Custody

If a parent refuses to follow a parenting time schedule, this may affect the other parent's ability to see and spend time with their child. A parent may not show up when required to exchange a child, or they may be consistently late when returning a child to the other parent. In these cases, a parent may file a motion for enforcement, asking the court to compel the other parent to follow a child custody order. Penalties may be imposed for continued non-compliance, including modifying the parenting time schedule or requiring a parent to have supervision when they are spending time with the child.

Contact Our Van Alstyne, TX Child Custody Attorney

The decisions about children that are made in family law cases will have an impact on parents' and children's lives. To make sure these issues will be addressed correctly, a parent can work with a skilled family law attorney. At Moore Family Law, P.C., we can help a parent establish a child custody order, resolve conflicts with the other parent, request modifications when necessary, and take steps to protect their parental rights. Contact our Van Alstyne child custody dispute lawyer at 214-764-8033 to set up a consultation.