Dallas Child Custody Lawyer

As a parent involved in a child custody or conservatorship battle, you may fear that you'll receive less time with your child than you deserve. At  DebnamRust, P.C., our experienced Dallas child custody lawyers will advocate fiercely for you and your child's rights in and out of the courtroom.

Schedule a consultation with our Dallas child custody lawyers and receive the legal support you deserve! Contact our office online or via phone at (214) 758-8681 to learn more about Texas child custody laws.

Understanding Conservatorships in Texas Family Law

Texas family law code doesn't use the term "custody" anymore. Instead, parents are called "conservators," and child custody arrangements are called "conservatorships."

Child custody disputes often arise as part of the divorce process, but they can also occur between unmarried parents who live apart and disagree on how to share conservatorship or in a wide range of other less common situations.

Exploring Child Custody Arrangements in Texas

There are two basic types of child custody or conservatorships in Texas:

• Legal custody: governs a parent's ability to make decisions concerning their child's rights and day-to-day care, such as the education they receive, how their healthcare works, etc.
• Physical custody: governs a parent's ability to possess their child (have their child live with them).

The physical and legal custody each parent has depends on the type of conservatorship they maintain. 

Custody Arrangements Within Conservatorships

There are three types of conservatorships:

• Joint Managing Conservatorship (JMC)
  • In a JMC, both parents have physical and legal custody.
  • The parents have a possession order detailing exactly how they'll split time with their child, but the child may live with both parents.
  • Whichever parent the child lives with a majority of the time is the custodial parent, and the other caretaker is the non-custodial parent.
  • Courts tend to default to JMC arrangements under the assumption having consistent access to both conservators is positive for a child's well-being.
• Sole Managing Conservatorship (SMC)
  • In an SMC, only one parent has physical custody (possession) and sometimes legal custody of the child.
  • Courts often establish an SMC when one parent is considered "unfit," typically due to engaging in actions such as substance abuse, child abuse, or other behavior that makes it unsafe for a child to live with them.
  • Whichever parent the child lives with in an SMC is named the sole managing conservator, and the other parent is called the possessory conservator.
• Possessory Conservatorship
  • If a parent is designated as the exclusive managing conservator, the other parent is often assigned the role of possessory conservator. In cases where a nonparent is designated as the sole managing conservator, both parents are typically given the status of possessory conservators. Even though they might not make the final decisions, possessory conservators maintain the same rights as parents.

For experienced guidance, reach out to a Dallas child custody and conservatorship lawyer from DebnamRust, P.C.. Contact us via online form or call (214) 758-8681 to secure an appointment.

What are Possession Orders? 

In Texas, parents can use a possession order to determine how they split time with their child in a JMC (or in an SMC if the possessory conservator has visitation rights).

There are four types of possession orders:

• Standard possession order, which utilizes Texas-specific guidelines for time-sharing (such as granting the non-custodial parent possession for the 1st, 3rd, and 5th weekends of each month, alternating holidays, Thursday evenings, and 30 days during summer vacation with the child).
• Modified possession order, which doesn't follow the guidelines established by a standard possession order and instead utilizes a unique arrangement drafted by the parents.
• Possession order for a child under three, which features unique guidelines for younger children.
• Supervised possession order, which a possessory conservator can use to visit a child they do not have physical or legal custody of.

How Courts Decide on Child Conservatorships

If parents can't agree on an appropriate conservatorship for their child, they may need to rely on the court to establish conservatorship on their behalf.

In such family law cases, courts consider a wide range of factors, including:

• The age and health of each parent;
• Each parent's history of conduct with the child;
• Each parent's living situation;
• The capability of each parent to care for the child;
• How a potential arrangement would impact the child;
• Any other factors the court considers relevant to the child custody case.

At  DebnamRust, P.C., our Dallas child custody lawyers are here to help you navigate your child custody case and fight for an outcome that enables you and your child to thrive. We've got your back every step of the way.

Visit our lawyer reviews to see why clients choose our Texas law firm when they need the best child custody lawyers in Dallas.

Determining custody is tough. Do not hesitate to reach out to qualified Dallas child custody attorneys at DebnamRust, P.C. for your case. Call (214) 758-8681 or contact us online.

Can Child Custody Be Modified In Texas?

In Texas, child custody can indeed be modified, but it requires meeting specific legal criteria. The court will only consider modifying an existing custody order if there is a material and substantial change in circumstances affecting the child or the parents since the original order was made. This could involve changes in the child's needs, a parent's ability to care for the child, or any other significant situation impacting the child's best interests.

To initiate the process of modifying custody, the parent seeking changes must file a petition with the court that details the changed circumstances and justifies why a modification is necessary. The court will review the situation to determine if adjusting the custody arrangement aligns with the child’s best interests. Considerations may include the child’s physical and emotional needs, the stability of each parent's household, and both parents' commitment to supporting the child's relationship with the other parent.

Consulting with a seasoned Dallas family law attorney near you is recommended to effectively navigate the complexities of the custody modification process and ensure that your petition is properly submitted to the court.

Helping You Navigate the Emotional Aspects of Child Custody

Navigating child custody disputes can be overwhelming and emotionally taxing for everyone involved, particularly the children. Here at DebnamRust, P.C., we understand that your primary focus is the well-being of your child. During this challenging time, our compassionate team is committed to providing not only expert legal guidance but also the support you need.

Here are some ways we can assist you in navigating the emotional aspects of child custody:

• Personalized Support: To make sure you feel heard and understood, we provide individualized consultations to talk about your particular circumstance.
• Access to Resources: We can put you in touch with therapy and other resources that are meant to assist parents and kids deal with the emotional strain that comes with child custody agreements.
• Mediation Services: Our firm advocates for mediation when possible, promoting amicable solutions that prioritize your child's best interests and help maintain a cooperative relationship between parents.

By addressing the emotional components of child custody, we strive to create a supportive environment that fosters positive outcomes for you and your child. Let us help you navigate this journey with care and expertise.

Schedule a consultation with our Dallas child custody lawyers. Contact us online or via phone at (214) 758-8681.