Child Custody

Texas Divorce Lawyers in Denton – Child Custody & Visitation

Texas courts base child custody decisions on the best interests of the children. Most parents also want what is best for their children. However, sometimes through the emotional conflicts and confusion generated by divorce, parents lose sight of their children’s welfare. An experienced and skilled family law attorney can provide helpful guidance to restore proper focus and assist you in arriving at a workable parenting plan to raise your children after divorce.

Joint Managing Conservatorship

The most common type of child custody awarded by Texas courts is called a “joint managing conservatorship.” In a joint managing conservatorship one parent is the custodial parent and has exclusive rights over residence of the child and generally, along with this right, is included the right to decide geographic location of residence. The other parent is the non-custodial parent and has visiting rights that are defined by a visitation schedule.

If neither parent has a history of abuse such as drug use or domestic violence, Texas courts favor allowing a joint managing conservatorship. The court may grant a sole conservatorship when there is reasonable evidence of spousal or child abuse or other factors indicating that a joint managing conservatorship is not in the child’s best interests.

Factors Determining the Custodial and Non–Custodial Relationship

Various factors are taken into consideration for determining which parent should be the custodial parent and which should be the non-custodial parent in a joint managing conservatorship. Factors that the court weighs include those such as:

• Which parent has served as primary care taker prior to divorce
• Age of the child
• The child’s preference (especially if over 12 years of age)
• Parent’s availability based on work hours, work travel obligations, etc.
• Parent’s ability to make the child’s welfare a priority
• How the child will benefit emotionally, physically or psychologically
• Proximity of parents’ homes
• Degree of parental acceptance of the child’s positive relationship with the other parent

Reaching Agreements Out of Court

The courts prefer that parents arrive at their own parenting plan, outside of court, for a joint managing conservatorship. All parties agree that avoiding courtroom battles over custody are better for the children and for the continued relationship of the parents. Texas courts will usually uphold custody agreements, if the agreements are knowing, voluntary and incorporate the following:

• The best interests of the child
• Statement of the rights and duties of each parent to provide for the child’s present and future care, education and support
• Establishes the county in which the child will reside
• Plans for minimal disruption of the child’s existing schooling, daily routine and friendships

At the Law Office of Howard E. Watt, P.C., our divorce lawyers offer more than forty years of combined experience, along with well-honed skills to advise and represent clients regarding child custody matters and post-divorce modifications.

Contact a Denton County Divorce & Child Custody Attorney

Our Denton County family law attorneys seek to achieve favorable outcomes for each client and offer an initial, free 10-minute consultation to determine how we can be of assistance. Please contact us online or phone our law firm at (940) 387-0565, our Metro number at (972) 434-3830 or toll free at (800) 685-5785.

Texas divorce lawyers offer legal services in all areas of family law, including child custody, child support, spousal maintenance, modifications and enforcement for clients throughout Denton County including the towns of Carrollton, Flower Mound, Highland Village, Justin, Lewisville and Sanger.