Frisco Child Custody Attorneys

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 Collin County, TX

The legal process of obtaining child custody in Collin County 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.