DETERMINED CHILD CUSTODY LAWYER
At Richard Hughes, we recognize parents' crucial role in their children's lives. We are committed to providing support that will help you maintain strong relationships with your children. We assist parents in every possible way that ensures that you can continue to positively influence your children's lives, regardless of the custody arrangements.
In East Texas, child custody cases are focused on finding the best possible outcome for the children involved. Deciding on a possession schedule that meets their needs can be challenging. However, seeking guidance from a skilled Child Custody Attorney in Tyler, TX, can increase the chances of a favorable resolution.
If You Are
- Going through a divorce, and I want to ensure the custody arrangements are fair.
- Currently divorced and require a reliable parenting plan for custody and visitation.
- Not being fully respected in a child custody case, or if you think you are being mistreated.
We are here to help. Call Richard Hughes today to learn more about your options.
WHAT OUR CHILD CUSTODY ATTORNEY CAN DO FOR YOU
Richard Hughes is committed to supporting families and children throughout the delicate and emotional process of child custody cases.
With Richard managing your legal intricacies and practicalities, you can devote your attention to your family and attend to closure during this trying period.
WHAT ABOUT CHILD SUPPORT?
When it comes to child custody, child support arrangements are common. If you require legal assistance with your child support case, Attorney Richard Hughes is here to help.
SPEAK WITH A CHILD CUSTODY ATTORNEY IN TYER, TX
If you need assistance with your child custody case in Tyler, TX, or the surrounding East Texas areas, get in touch with the Office of Richard Hughes. Richard can provide you with an in-depth case evaluation and discuss your options for moving forward. Contact us today to schedule a consultation.
WHAT ARE THE TYPES OF CUSTODY IN TEXAS?
In Texas, there are two main types of custody: legal custody and physical custody.
Legal Custody: Legal custody refers to the right and responsibility to make major decisions for a child, such as their education, medical care, and religious upbringing. Legal custody can be either joint or sole.
- Joint Legal Custody: Both parents share the right and responsibility to make major decisions for the child.
- Sole Legal Custody: Only one parent has the right and responsibility to make major decisions for the child.
Physical Custody: Physical custody refers to the right and responsibility to provide a home for the child and make day-to-day decisions regarding their care. Physical custody can also be either joint or sole.
- Joint Physical Custody: The child spends substantial time with both parents.
- Sole Physical Custody: The child primarily resides with one parent, and the other parent typically has visitation rights.
In addition to legal and physical custody, Texas also recognizes the concept of "possession and access," which refers to the specific schedule for when each parent has physical custody of the child. The possession and access schedule can be either agreed upon by the parents or ordered by the court.
It's important to note that custody determinations in Texas are made based on the best interests of the child, taking into consideration factors such as the child's age, physical and emotional needs, relationship with each parent, and the ability of each parent to provide a stable and loving home environment.
How Does The Court Determine Who Gets Custody In Texas?
In Texas, the court determines custody based on the best interests of the child. The court considers many factors when making a custody determination, including:
- The child's age, sex, and current physical and emotional needs.
- The ability of each parent to provide for the child's physical, emotional, and developmental needs.
- The stability of each parent's home environment.
- The relationship between the child and each parent, including the willingness of each parent to facilitate and encourage a relationship between the child and the other parent.
- Each parent's involvement in the child's upbringing and decision-making.
- The child's preferences, if the child is of sufficient age and maturity to express a preference.
- Any history of domestic violence or abuse by either parent.
- The geographic proximity of the parent's homes.
- Any other relevant factor that affects the child's best interests.
The court may consider evidence and testimony from parents and other witnesses who can provide relevant information about the child's best interests. The court may also appoint a guardian ad litem to represent the child's interests.
It's important to note that Texas law favors joint custody arrangements when it is in the best interests of the child. This means that the court will generally seek to ensure that both parents have frequent and continuing contact with the child unless there is evidence that this would not be in the child's best interests.
Schedule a consultation to see how Richard can help you achieve your child custody goals.
CAN YOU HELP ME WITH CHILD SUPPORT, TOO?
When it comes to child custody, child support arrangements are usually involved. Attorney Richard Hughes can assist you with your child support case if you require legal representation. Discover more about child support in Tyler, Texas.
SPEAK WITH A CHILD CUSTODY ATTORNEY IN TYER, TX
If you are struggling with child custody issues, including fighting for custody and visitation rights, you can count on Richard Hughes to assist you in navigating the process.
Contact our law firm to schedule a detailed case evaluation. With Richard's guidance, you can make informed decisions about how to proceed with your custody case.
Frequently Asked Questions
What is the difference between physical and legal custody?
Physical custody is the right and responsibility of providing a home to your child and taking care of their day-to-day needs. This will determine where the child will live and how much time they spend with each parent.
Legal custody is the right and responsibility to make major decisions for your child. This can include decisions like healthcare, education, religious upbringing, etc.
Parents are able to have joint or sole custody for both physical and legal custody.
What is joint custody? What is sole custody?
In joint custody, both parents are named “Joint Managing Conservators,” giving them both legal custody of the child.
Joint custody also designates one parent as the Primary Conservator and a Possessing Conservator. The primary conservator typically spends the most time with the child and has physical custody. The possessing conservatory usually pays child support and is allowed to spend time with the child.
Sole custody means one parent takes on the responsibility of both the managing conservator and primary conservator. However, this does not mean the other parent is not allowed to be the possessing conservator.
What makes a parent “unfit” for child custody?
In Texas, there is no set legal definition for an “unfit” parent. However, the courts seek to promote the child’s well-being and do not typically deem a parent fit if they are unable to meet the child’s needs because of misconduct or lack of support.
To determine a parent’s fitness for custody, Texas courts usually look for:
- A history of domestic violence
- Substance abuse
- Child neglect
- Mental health
- Financial stability
- Secure home environment
- Emotional health
I am worried about my safety if I file for child support. What can I do?
If you are concerned about your safety while leaving a relationship or filing custody, it’s important to take steps to protect yourself.
Creating a safety plan before you leave can help keep you safe. For resources on how to make a safety plan or learn more about your options, visit the National Domestic Violence Hotline for more information.
You can also talk to your friends and family so they can be prepared to help if something arises.
How do I file for custody in Texas?
If you plan to file for custody in Texas, it’s best to contact an attorney to help you complete the necessary documents and help you through evidence collection.
When you’ve chosen an attorney, you’ll complete the proper forms and gather documents to support your case. You’ll also begin evidence collection, which an attorney can assist you with.
What is a parenting plan? Do I need one?
In Texas, parenting plans are required for cases involving child custody disputes. This includes divorce cases that involve children as well as cases for unmarried parents establishing custody.
A parenting plan is a document that is agreed upon by both parents and can be changed as long as both parents agree. Essentially, it outlines how your child will spend time with their parents.
Parenting plans can discuss information like:
- Vacations and holidays
- Who makes day-to-day decisions
- How you will make changes to the parenting plan
- Arrangements for the financial and medical support of your child
- How you plan to exchange your child
- What to do if the other parent moves to another city or state
Can I modify custody?
Yes, either parent can modify child custody at any time. To change your custody order, file for a modification in court. While modifications can be straightforward if both parents agree, they can quickly become complicated if they don’t.
Getting a modification can also become complicated if it is less than one year. However, there are several reasons a custody order can be modified, such as:
- Change in circumstances
- Child’s preference
- Endangered
- Abuse or neglect
- Voluntary relinquishment
My ex-spouse is breaking our custody order. What can I do?
Breaking a custody order is a serious issue since it’s a legal order from the court. If your ex-spouse is breaking the custody order, you have several options.
No matter your choice, you should document the dates, times, and behaviors of the violations in case you seek legal help later on.
Less severe options can include calling the police for assistance or requesting support from your attorney. You are also able to file an action for “contempt” with the court. However, this is the most severe action and can result in serious consequences for the other parent.