GET HELP WITH CHILD CUSTODY
Need Assistance With Child Custody?
When creating a child custody agreement, you have two main options:
Mutual Agreement
You and your co-parent can agree on a custody plan and present it to the court for approval. To ensure the agreement is legally sound, consult an experienced attorney before submitting it.
Court Ordered Agreement
If you and your co-parent cannot reach an agreement, the court will determine custody terms based on your child’s best interests. In such cases, having a family law attorney to advocate for you is invaluable.
TYPES OF CUSTODY
Joint Custody vs. Sole Custody
In Texas, custody—referred to as “conservatorship”—determines who makes key decisions for your child, such as those related to education, healthcare, and religion.
Joint Custody
Often the court’s preference, this arrangement, known as “joint managing conservatorship,” allows both parents to share decision-making responsibilities.
Sole Custody
If one parent is deemed unfit due to violence, substance abuse, or absence, the court may grant sole conservatorship to the other parent.
TYPES OF CUSTODY
Legal Custody vs. Physical Custody
Legal custody (conservatorship) pertains to decision-making authority, while physical custody, or “possession and access,” determines where the child resides and how time is divided between parents. For example, one parent may have sole conservatorship, but the child may still spend substantial time with both parents.
Courts prioritize the child’s best interests when determining custody and parenting time. They may consider factors such as:
- Each parent’s ability to meet the child’s needs.
- The emotional and physical health of the child.
- The history of cooperation between parents.
- The child’s preference, if they are 12 or older.
Modifying an Existing Custody Agreement
To modify a custody agreement, both parents must agree to the changes for court approval. If one parent contests the modification, they must demonstrate a material change in circumstances, such as relocation, job loss, or failure to adhere to the existing terms.
Child Custody Attorney in New Braunfels, TX
No matter where you are in the divorce or custody process, having an experienced attorney can make all the difference. At Marco Law Firm, we assist families throughout Texas, including New Braunfels, Dallas, and the counties of Hays, Comal, Collin, and Bexar. Contact us today to receive compassionate and strategic legal support for your family law needs.
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Let us help you navigate challenging family matters and create a brighter future for your family.