Dallas Child Custody or Seeking to Modify Custody Orders
A divorce or a separation is never easy for anyone, but it’s always hardest on the children. Maintaining a sense of stability and security is key to ensuring that your child makes a healthy adjustment to a new family structure. The experienced attorneys at Williamson Law Firm are committed to helping parents create an effective legal strategy for child custody, and we are also committed to resolving every child custody dispute with as little contention as possible.
Child custody disputes in the state of Texas are usually settled through out-of-court negotiations or mediation sessions usually conducted with the help of an experienced child custody lawyer. If a child custody dispute cannot be settled out of court, it will be decided by the court. Parents who are divorcing in Texas save time and money by creating their own valid parenting plan through out-of-court negotiations.
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What must be included in a post-divorce parenting plan?
A valid parenting plan must designate a primary residence for the child, spell out each parent’s responsibilities and duties for care, support, and education for the child, and establish a way for the child’s daily life and activities to be maintained with minimal disruption. Finally, a parenting plan must line up with the child’s best long-term interests. When parents cannot agree upon a parenting plan out of court, the court will order a parenting plan based on factors below.
When a child custody order has been established by a court in the state of Texas, each parent is obligated by law to comply with all of the custody order’s terms and provisions. In the event that both parents are deceased, a Texas court may grant custody to a grandparent, aunt, or uncle of the child.
Factors that include but may not be limited to
the child’s current and future physical, psychological, and emotional needs
each parent’s readiness to work together, discuss, and share in decision-making responsibilities
each parent’s role in the child’s life prior to the divorce
the willingness of each parent to foster a positive relationship between the child and the child’s other parent
the child’s preferences (if he or she is at least 12 years old)
How can a child custody order be changed in Dallas, Texas?
Over time, of course, the circumstances of life are very likely to change for one or both parents, and the original child custody order may require modification. No one can know what tomorrow will bring. When you first seek a divorce – or when you find out that your spouse has filed for divorce – it’s impossible to know how your life may change. Over time, parenting plans and child custody orders almost inevitably become unusable or just plain out of date.
However, if you seek a custody order modification because the circumstances of your life have changed, and if your child’s other parent is not agreeable, you’ll need an experienced Texas child custody attorney to request a custody order modification from the court. Courts in Texas may hesitate to modify custody orders unless a parent can show that the modification being requested is in the best interests of the child.
If your child’s other parent fails to comply or refuses to comply with the terms and conditions of an established child custody order, a Texas child custody attorney at Williamson Law Firm can notify the court on your behalf and initiate enforcement proceedings. In the state of Texas, the failure to adhere to a child custody order may result in contempt of court charges against the parent and penalties including fines and even time in jail.
Child custody order modifications may be considered in these kinds of circumstances
Either parent has lost a job, taken a new job, or needs to relocate.
Either parent has been incarcerated.
Another child has been born to either parent.
The amount of time the child spends with either parent has significantly changed.
The child care, educational, or medical needs of the child have changed.
Any factor emerges that substantially affects the child or the custody order.
What are “sole” custody and “joint” custody and how are they defined in Texas?
The court decides if a divorced parent will have “sole” or “joint” custody. In Texas, custody cases begin with the legal presumption that joint custody is in the child’s best interests because it allows the child to maintain meaningful relationships with both parents. Thus, in order to award sole custody to one parent, the court must be persuaded by evidence and/or testimony that the child’s best interests are best served by awarding sole custody to one parent. In North Texas, if you expect a fight for the custody of your child or children, if you need an experienced, skilful attorney at your side.
or if you need to challenge a child custody order modification that your child’s other parent has requested from the court, get the legal help you need as swiftly as possible by arranging to speak with an experienced Texas child custody attorney at Williamson Law Firm. To schedule a consultation, call us at (469) 385-3305 or complete the online contact form here on our website. When you become a client of Williamson Law Firm, our child custody attorneys will not rest until your family law dispute is justly and fairly resolved.