Guidance For Common Child Custody Questions

As the founder of Hope Family Law P.C., I understand that child custody disputes can be some of the most emotional and stressful aspects of a divorce. Here are answers to some common questions about child custody. As you move forward with divorce and child custody negotiations, I can guide you in navigating this complex process with compassion and effectiveness.

Do Courts Always Give 50/50 Custody?

The short answer is no. Courts in Texas are required to make custody decisions based on the child’s best interests. While joint custody arrangements are often preferred, this does not necessarily mean splitting custody 50/50 between parents.

Factors that courts consider when making custody decisions include each parent’s ability to provide for the child’s physical and emotional needs, the child’s relationship with each parent, the child’s preferences (if they are of sufficient age and maturity), and any history of domestic violence or substance abuse.

Ultimately, the court’s decision will look at what is best for the child, not what is most convenient or desirable for the parents. As your attorney, I can help you understand the factors the court will consider in your case and develop a legal strategy that aligns with your goals and needs.

Can One Spouse Move States With My Child?

If you are facing a custody dispute and your spouse is considering a move out of state with your child, it is essential to understand your legal rights and options. Under Texas law, a parent wanting to move out of state with a child must obtain the other parent’s consent or court approval.

If you object to the move, you have the right to file a motion with the court seeking to prevent the move or modify the custody arrangement. The court will consider several factors, including the reasons for the proposed move, the child’s relationship with each parent and the impact the move would have on the child’s life.

As your attorney, I can help you understand your legal options and develop a legal strategy that protects your parental rights and your child’s best interests.

When Should I Update My Custody Plan?

Custody arrangements are not forever, and it may be necessary to update your custody plan over time as circumstances change. Some common reasons to modify a custody plan include a change in the child’s needs or preferences, a change in the parents’ circumstances (such as a job change or relocation), or a change in the parents’ relationship with each other.

If you believe that you need to modify your child custody agreement, it is crucial to work with a qualified family law attorney to protect your rights and serve your child’s best interests.

Can We Create Our Own Custody Schedule?

Yes, parents are free to create their own custody schedule as long as it is in the child’s best interests and complies with Texas law. This can be a good option for parents who can work together and want to customize their custody arrangement to meet the needs of their family.

If you create your own custody schedule, it is crucial to work with an attorney to ensure that it is legally enforceable and provides adequate protection for your parental rights and your child’s best interests.

Can Children Get A Say In Whom They Live With?

In Texas, children 12 years or older may be allowed to express their preference for which parent they want to live with. While the child’s preference is not the sole determining factor in custody decisions, it can be a factor that the court considers.

It is important to remember that the child’s preference must be based on their own desires and not influenced by one parent over the other. As your attorney, I can help you understand how the court will consider your child’s preference and develop a legal strategy that supports your goals and needs.

Contact Me For Compassionate Legal Guidance

Navigating a child custody dispute can be overwhelming, but you can count on Hope Family Law P.C. to provide compassionate and effective legal guidance every step of the way. I am dedicated to helping families find solutions that protect their rights and promote the best interests of their children. If you are facing a child custody dispute or have questions about your legal options, please schedule a consultation by calling 972-521-1961 or contacting me online.