Plano Child Custody Lawyer

Trusted Legal Support for Child Conservatorship in Collin & Denton Counties

Child custody is one of the most important legal issues for both divorced and unmarried parents in Texas. It can also be one of the most contentious. You may feel threatened by the prospect of having your relationship with your child disrupted or by the thought of losing a custody "battle" in court. These can be unnerving situations in which fear, stress, lack of knowledge of Texas family law, and more can increase your anxiety.

How custody is arranged will determine the time you spend with your child and your involvement in important decisions about your child's life. Custody can also have financial repercussions due to mandated child support, and these orders generally impact your relationship with your child.

Call the Law Office of Brian Bagley today at (972) 843-7158 or contact us online to schedule a meeting with our child custody attorney in Plano!

Understanding Child Custody in Texas

In Texas, the legal term for child custody is "conservatorship," which can manifest in various forms. The court's primary consideration in custody matters is the child's best interests, emphasizing the maintenance of a close and ongoing relationship with both parents.

Managing Conservatorship Explained

"Managing conservatorship" in Texas involves a parent's authority to make crucial decisions about the child, encompassing the child's primary residence, education, healthcare, and medical treatment. The court typically favors a joint managing conservatorship, wherein both parents participate in these decisions. However, in cases deemed in the child's best interest, one parent may be designated as the sole managing conservator.

Understanding Possession and Visitation Rights

Parents granted managing conservatorship also receive periods of "possession" of the child, commonly called visitation or physical custody. This pertains to the time the child spends in each parent's home. Additionally, even parents without managing conservatorship may be awarded possessory conservatorship, enabling them to have regular visitation with their children, although they may not be involved in significant decision-making processes.

What Factors Influence Custody Decisions in Texas?

Texas courts base child custody decisions on the child’s best interests, and several factors will be weighed to make that determination. While each case is unique, the following factors often influence the court’s decision:

• The Child’s Age and Preference: In Texas, children who are 12 years of age or older have the right to express their preference regarding custodial arrangements. The court will consider the child’s wishes, although the final decision will still be based on the best interests of the child.
• Each Parent’s Ability to Provide for the Child’s Needs: The court will assess the ability of each parent to meet the child’s physical, emotional, and financial needs. This includes evaluating the parent’s living situation, their ability to provide a stable home, and their willingness to foster a relationship with the child.
• Parental Cooperation: Courts value the ability of parents to work together in making decisions that affect the child’s well-being. If one parent is uncooperative or unwilling to share decision-making authority, it could negatively impact their custody rights. As a Plano child custody lawyer, we can help you demonstrate your willingness to cooperate while protecting your rights.
• History of Abuse or Neglect: Any history of domestic violence, substance abuse, or child abuse will heavily influence custody decisions.
• The Parents’ Emotional and Physical Health: The court will assess both parents’ mental and physical health to determine if either parent is unfit to care for the child.
• The Child’s Relationships with Each Parent: This includes the amount of time each parent has spent with the child and the quality of that relationship. If one parent has historically been the primary caregiver, this may influence the court’s decision regarding primary custody.