Let The Loftin Firm Help Protect Your Parental Rights
There are few aspects of a divorce more challenging than the determination of custody and visitation. As a parent, you want what’s best for your child…you are committed to doing what’s in their best interests, as required by the law. Unfortunately, it can be extremely difficult to come to any agreement with your former spouse as to exactly what that means. Furthermore, the emotions that attach to your relationship with your children can make it hard to be objective. If you’re involved in a custody dispute, you want proven and experienced counsel to guide you through the process. The Loftin Firm can help.
The Different Types of Custody in Texas
In Texas, as in all states, the law identifies two distinct types of custody:
- Physical custody, which refers specifically to where the children spend their time (other than in school, church or other similar functions)
- Legal custody, which involves decisions about the well-being of the children, such as their education, health, religious training and participation in extracurricular activities
Under Texas law, the term “conservatorship” is generally used instead of “custody.” Texas also prefers the term “possession” to “visitation,” though it means the same thing.
Texas law presumes forms of shared custody for divorces, joint managing conservatorship, where both parents participate equally in making the decisions regarding the child’s well-being. However, when there is evidence of domestic violence, substance abuse or criminal or outright abandonment activity involving one of the parents, the court has the discretion to grant sole managing conservatorship to give more rights and time to one parent.
How Are Custody Disputes Resolved in Texas?
In most instances, the agreements on custody and visitation are made cooperatively by the parents. Sometimes parents cannot agree to the terms of custody and visitation, other options are available, such as:
- Mediation—The parties can work with a third-party lawyer or judge, who will act as a neutral middleman to help work out a solution. The mediator does not take evidence and does not render an opinion or decision, but instead tries to get the parties to come to their own resolution agreement.
- Temporary hearings and Trial—If the parties cannot resolve the dispute through other means, a hearing may be held, where both parties bring in witnesses and present evidence, ultimately relying on the court to rule and decide.
Contact The Loftin Firm for Experienced Family Law Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, we have been on all sides of most family law disputes, including custody battles. We can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call the office at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
Effective Advocacy for Clients across Parker County in Texas, including Weatherford,
Willow Park, Aledo, and Annetta, and throughout Fort Worth