In Texas, the Family Code is the collection of Texas statues controlling the decisions made in divorce and family court matters, as a child custody lawyer Frisco, TX trusts can attest. While many people use the word “custody” to refer to the care and control of a child, the Texas Family Code uses the term “conservatorship” to describe the nature of the parent and child relationship. There are two types of conservators in Texas, managing conservators and possessory conservators. Texas law presumes that both parents should be managing conservators. Which parent will have the right to determine the primary residence of the child is one of the most litigated aspects of custody determinations.
Sole managing conservators and joint managing conservators
Whether a parent will be a sole managing conservator, or both will be joint managing conservators, and one conservator will have the right to determine the child’s primary residence, can depend on the specific facts and circumstances of your custody case.
Where do I file my child custody case?
When you discuss your goals with your child custody lawyer in Frisco, TX you will discuss where your case will be filed, based on where in Frisco the child lives, in Denton County or on the further east end of town located in Collin County.
Who may file a custody case in Texas?
A child custody lawyer in Frisco, TX can help you file a child custody case to seek an order granting conservatorship of a child. In a divorce, either parent may request to be appointed the managing conservator of the child with rights to determine their primary residence. Making decisions regarding school, church and medical care are decisions that will also need to be made and can be brought before the court if the parties are unable to agree.
If the parents of the child are not married, the mother may have the child and the father may play an active role in raising the child or vice versa. Often, nothing has been filed with the court to determine the rights of mother or father. These types of custody cases frequently arise when the child is old enough to start going to school, or possibly as one of the parents moves, changes jobs or a new relationship changes how people react to one another. In this case, either mom or dad could file a petition seeking a determination of parentage. In said case, the court will determine who will be a conservator and what their respective rights concerning the child will be. The putative father may need to prove paternity before rights can be established.
What should I do to prepare for a contested custody disput?
Your Frisco, TX child custody lawyer will protect your best interests in a child custody case, often by protecting you from yourself. Going to court over a child is an extremely emotional experience and it is easy to be upset when the person with whom you were sharing child raising responsibilities might now be calling you a bad mother or father. When the “how dare you” starts to creep up in our minds and hearts, it is important to control our emotions and conduct. In a contested custody dispute, meaning you both want custody and cannot otherwise agree, everyone is going to be watching. What you say on social media, to friends and family, or to the judge in court, can be scrutinized and sometimes used against you.
Will a past criminal record or history of domestic violence prevent me from getting custody?
Being completely honest with your lawyer is of paramount importance. If you hide something of which you may not be proud, be certain that the other side can and will bring it up. If your lawyer is unaware of the issue, the situation could become even more difficult. When you tell your lawyer everything, they are better able to craft a proper strategy to help you achieve your goals in getting custody of your child.
Board-Certified means your Child Custody Lawyer in Frisco, Texas has the right experience
When you need a child custody lawyer in Frisco, Texas to advise and represent you, find the best lawyer you can. A board-certified lawyer has many years of experience in specific areas of practice such as family law and they must meet an aggressive list of requirements and credentials before they may sit for the board-certification examination. Less than 1.5% of the attorneys licensed in Texas are board-certified in family law.
Mark L. Scroggins is board-certified in family law by the Texas Board of Legal Specialization and practices exclusively in divorce, child custody and family law. With many years of experience in complex and high stakes child custody cases, if you or your child live in Frisco and need assistance with establishing or modifying conservatorship and rights to manage the child or their residence, call a child custody lawyer Frisco, TX trusts from Scroggins Law Group by dialing (214) 469-3100.
© 2020 by Scroggins Law Group, PLLC. All rights reserved. Designed by SilverFox Media Holdings LLC