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How Does a Court Make a Decision on Child Custody?

Answers from a child custody attorney Collin County TX Trusts

Scroggins Law Group has been helping parents reach amicable child custody arrangements since opening our firm in 1994. Whether you’re seeking to resolve this matter through mediation or you need a child custody attorney to represent you in Family Court, please contact us today.

If you are in a situation where child custody rights are involved, you may have several questions. For example, when you’re going through a divorce, you may want to know whether or not your child will live with you. You might also have concerns about how your child will be raised and which parent will have the primary right to make decisions about his or her upbringing. On the other hand, you may be a relative or close friend of the family and would like to know if guardianship is possible.

These questions are some of the most commonly addressed by a child custody attorney. Furthermore, they are often at the root of many child custody disputes. Although every child custody situation is different, the following is a brief explanation regarding child custody and how a judge may make their final decision on the matter. Please review this information and then call a child custody attorney for further advice pertaining to your own situation.

Going Through a Divorce

If you are considering divorce or have initiated the process already, child custody and visitation will likely be a large part of the proceeding. In general, you and your spouse will either come to an agreement in mediation or arbitration, possibly with the help of a lawyer, or you will be required to obtain a judge’s orders in court if an agreement cannot be reached amicably. Child custody is usually resolved through two ways:

1. Both parents will come to an agreement regarding the custody of the child. This is made through:

  • Informal negotiations
  • Out-of-court dispute resolution like mediation

2. The parents will go to Family Court and the judge will make a decision regarding child custody.

When the Parents Are Unmarried

If you are not married, most states will give the mother sole custody of the child. The exception to this would be when the father actively seeks custody or when the mother is unfit to care for the child, is incapacitated, incarcerated, or has died. In general, a father will not be awarded custody over a mother who is deemed to be a sound, fit parent. He may be able to secure visitation rights, however. It will be a good idea to speak with a lawyer for more information.

When Family Members or Friends Are Seeking Custody

In certain situations, relatives or close friends may be seeking custody of a child. These people could include grandparents, aunts, uncles, or adult siblings. Each state has its own procedures regarding non-parental custody. This process can be complicated, timely, and costly. You may also need to have a Collin County TX lawyer to help you with the entire proceeding. In general, the court will consider factors such as:

  • The person’s relationship with the child
  • The current status of both parents
  • The reasons why the non-parent is asking, and should be granted, custody of the child

Typically the parents will need to be notified of the petition. They may also have the right to dispute the request and can hire a lawyer to represent them.

Get Your Complimentary Case Review Now

If you are the mother, father, or close relative of a child and you are involved in a child custody dispute, it is important to know that legal representation may be available when you need it. To learn more, please call Scroggins Law Group to speak with a child custody attorney Collin County TX families count on.

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