Divorcing couples face many significant challenges, especially if they have children. An experienced custody lawyer can help you draft a parenting agreement (required by Texas law to finalize your divorce), negotiate with the other party, and fight your case in court if necessary. It’s important to understand that the court will always try to defend the child’s best interest in custody cases.
5 Reasons To Choose an Experienced Custody Lawyer
1. They Are Knowledgeable in Texas Family Law
While there are federal laws about child custody, most cases will be decided in a state court. Texas has particularities regarding child custody. For example, the terminology is different; in Texas, guardianship is known as conservatorship, which can be managing (the person with a managing conservatorship has the right to make significant decisions for the child) or possessory (which determines who has access to the child).
2. They Understand Court Rules and Procedures
A Houston child custody lawyer will know when and how to file paperwork correctly. They know how to address the court, and they usually know the court clerks and judges, giving you a particular advantage. In court cases, you have to do everything “by the book,” meaning there’s no place for small mistakes as they can hurt your case.
3. They Know How to Proceed in Urgent Situations
Custody cases are incredibly delicate because a child’s well-being is at stake. When it comes to urgent situations, such as known abuse or neglect, or a parent being denied visitation rights, experienced attorneys understand what they have to do to get the court’s attention fast. They also know about similar cases that may be precedent for your case, which can help the process move more quickly.
4. They Rely On a Competent Team
Hardly any lawyer can be available for your case at all times. This is why they need to rely on a competent team to manage urgent situations if they are unavailable. A qualified team also includes investigators (who gather evidence to prove your case), mediators, and other lawyers who can represent you if they are called to another urgent situation.
5. They Are Good Negotiators
Many legal matters can be resolved by mediation, avoiding a complex court process. An experienced lawyer can help you draft different proposals to negotiate with your co-parent and reach an agreement faster. They will also tell you when to compromise and not seek a complicated court fight when you can easily solve the problem privately.
Understanding the Concept of “The Best Interest of The Child”
The court needs to consider several aspects that affect a child’s well-being to decide on child custody matters. Most Texas courts base the decision on “The Holley Factors” stemming from the Holley vs. Adams Supreme Court case. These are:
- Consideration of the desires of the child
- Present and future physical and emotional needs of the child
- Present and future physical and emotional dangers to the child
- Parental ability
- Assistance available to the parents and the child
- Plans for the child by the parent seeking custody
- Stability of the home for the proposed placement
- Acts or omissions by a parent that demonstrate that the relationship may be unhealthy
- Excuses for those acts or omissions
The courts will try to prove these factors according to a child’s age and development. Several guides with specific questions help determine if a placement or agreement is in the child’s best interest.
Changing a Court Order
Once you have a court-ordered conservatorship agreement, both parties need to follow it. However, there are situations in which either parent can request a change in the agreement. Guidance and representation from an attorney are crucial to getting a favorable ruling.
A modification suit can be finished by agreement or by default, but you will need assistance from a lawyer, especially if the other parent contested your claim. Some of the critical situations that may grant you a modification of a conservatorship agreement include the following;
Neglect or Abuse
If you believe that your children may be in danger while in the other parent’s care, you need to get a lawyer immediately, as proving neglect or abuse is not as straightforward as it may seem. A good lawyer will help you gather the necessary evidence to support your claim.
Major Life Changes
If you need to move to another state or city due to your job or plan to marry or share your household with a new partner, you must file a modification suit.
Non-Compliance By the Other Parent
If the other parent fails to comply with the court order, you can request a modification to the agreement. For example, if you have visitation rights, but the other parent refuses to let you see your child, or if they fail to pay court-ordered child support.
Custody cases can be emotionally draining and administratively complex. Hiring an experienced attorney can help you exercise your parental rights and guarantee your child’s safety.
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