Frisco Child Custody Attorneys

Trusted & Experienced Legal Counsel for Parents in Collin County & Denton County

Child custody cases are among the most important and complex family law matters. Parents who are separating, divorcing, or who have never been married to each other must establish a custody arrangement that outlines where their child will live and how decisions about their health, education, and well-being will be made.

At Coker, Robb & Cannon, Family Lawyers, our Frisco child custody lawyers understand the stakes involved in these cases. We know how important your child is to you and how important it is to protect their best interests. Our attorneys are here to help you navigate the process and work to secure a resolution that allows you to maintain a healthy, loving relationship with your child.

If you need help with a child custody matter in Frisco or anywhere in Collin County, Denton County, or Tarrant County contact us online or call (940) 293-2313 to request a consultation.

What is Child Custody in Texas?

Child custody matters are referred to as “conservatorship” in Texas. The term “custody” is not used in the Texas Family Code, although it is commonly used to refer to conservatorship. Under Texas law, conservatorship is a legal arrangement that outlines the rights and responsibilities of parents and other adults regarding the care, custody, and control of a child.

Common types of child custody arrangements in Texas include:

• Sole Managing Conservatorship: This is akin to sole custody, where one parent has the exclusive right to make decisions regarding the child's upbringing, such as education, healthcare, and religion. The other parent may still have visitation rights.
• Joint Managing Conservatorship: This is similar to joint custody, where both parents share the rights and duties of raising the child, including decision-making responsibilities. However, the child may primarily reside with one parent, while the other parent has visitation rights.

Possession and access (visitation) determine the schedule and frequency of time each parent spends with the child. The Texas Family Code outlines a standard possession order that provides guidelines for visitation schedules, including alternating weekends, holidays, and extended summer visitation.

How is Child Custody Determined in Texas?

When determining child custody, Texas courts consider the following factors:

• The child's wishes (if they are at least 12 years old)
• The child's physical, mental, and emotional needs
• Each parent's ability to meet the child's needs
• Each parent's involvement in the child's life
• The child's current and future physical and emotional environments
• Any history of domestic violence or child abuse

Texas courts begin with the presumption that both parents should be involved in the child's life. However, if there is evidence that one parent poses a danger to the child's well-being, the court will not award that parent with custody rights.

Additionally, Texas courts may consider the child's preference, but only if they are at least 12 years old. The court will then consider the child's wishes when making a custody determination, although the child's preference is not the only factor the court will consider.

Finally, it is important to note that the court's primary concern when making a child custody determination is the child's best interests. The court is not concerned with the parents' wishes or preferences and will not take them into account when making a custody decision.

How to Get Child Custody in Texas

The legal process of obtaining child custody in Texas typically involves several steps, whether it is part of a divorce proceeding or a separate custody case. Here is a general overview of the process:

1. Filing a Petition: The process usually begins with one parent filing a petition for custody with the appropriate family court. This petition outlines the desired custody arrangement and may also include requests for child support, visitation, and other relevant matters.
2. Notification and Response: After the petition is filed, the other parent is served with a copy of the petition and given an opportunity to respond. They may file a response with the Court, either agreeing to the proposed custody arrangement or contesting it and presenting their own proposal.
3. Mediation (Optional): In many cases, the Court may require or encourage the parents to attend mediation to try to reach an agreement on custody and visitation outside of Court. A neutral mediator facilitates discussions between the parents and helps them work toward a mutually acceptable solution.
4. Discovery: If the parents are unable to reach an agreement through mediation, the next step may involve the process of discovery. This involves gathering relevant information, such as financial records, employment history, and evidence related to the child's best interests, which may be used as evidence in Court.
5. Temporary Orders: While the custody case is pending, either parent may request temporary orders from the Court to establish a custody and visitation arrangement on a temporary basis until a final decision is made. Temporary orders may also address issues like child support and financial responsibilities.
6. Court Hearing: If the parents are unable to reach a resolution through mediation or negotiation, the case will proceed to a Court hearing. During the hearing, both parents will have the opportunity to present their arguments and evidence to the judge, who will then make a decision based on the best interests of the child.
7. Final Orders: After considering the evidence presented at the hearing, the judge will issue final orders regarding custody, visitation, child support, and any other relevant matters. These orders are legally binding and enforceable, and both parents are required to comply with them.

Navigating the complexities of child custody disputes can be emotionally and legally challenging. At Coker, Robb & Cannon, Family Lawyers, we understand the importance of protecting the best interests of your child while advocating for your parental rights.

Our experienced team is dedicated to providing compassionate guidance, strategic representation, and personalized solutions tailored to your unique circumstances. Let us support you through every step of the child custody process, working tirelessly to achieve a favorable outcome for you and your family. Trust in our expertise to help you navigate this challenging time with confidence and assurance.

Contact us today at (940) 293-2313to discuss your case with our firm.