Parents may find themselves in need of a child custody agreement in situations other than divorce. Even if you are never married, you may need to negotiate custody agreements at birth or if you separate from your child’s other parent. Youngberg Law Firm has a team of family law attorneys available to help when you need a Highland Village child custody lawyer.
Negotiating a child custody agreement can be an emotionally charged process. While it’s possible to reach an agreement without an attorney, having one can provide a sense of relief. This is especially true in high-conflict separations, where a neutral party can offer objective insight. The experienced attorneys at Youngberg Law Firm can help you navigate this process, ensuring the best outcome for you and your children, as well as a smoother transition for your family.
Highland Village Custody Case
Navigating a child custody case is not a minor emotional, time, or financial commitment. The court will need to make several determinations regarding the best plan for the children before signing off on a custody agreement. Some of the factors in question will include:
- Emotional stability
- Financial stability
- Parenting capacity
- Connection with child
- Child’s preference (based on age)
- Living conditions
One of the benefits of our child custody law firm is that we can help you assess whether certain formal evaluations may be beneficial to you in determining these components. One such evaluation is referred to as a child custody evaluation. In a child custody evaluation, a third party comes into the other parent’s home and yours to observe and evaluate certain areas. After completing the observation, they may recommend what kind of schedule best benefits the children.
Special Appointments
Your child may be awarded or assigned an attorney or guardian ad litem in Texas. Under section 107 of the Texas Family Code, these roles are meant to provide a legal advocate to address the child’s interest if the judge determines a need. This person may act as an attorney for your child or simply an advocate who will work with the family and then make recommendations in court. In cases where both parties agree, this advocate may be requested for the child.
Why Do I Need a Child Custody Lawyer?
Most people who are undergoing a divorce understand that they may need an attorney to help them with a custody arrangement, particularly if it is a high-conflict divorce or a high-conflict relationship. In such cases, you may seek a lawyer to help you file a protective order to ensure your safety and that of your children while final determinations are made. This is something that you may accomplish by working with a Highland Village child custody law firm. Additionally, having an attorney for a high-conflict relationship can limit the interaction you need to have with the other parent because all communication regarding the case should go through your attorney.
If you were not married to the child’s birthing parent when they were born, you may not have legal rights to your child. There are three ways to establish paternity in Texas. In most cases, doing so also provides you with legal rights to your child, which includes a visitation schedule. This is commonly required even if you are still involved with your child’s other parent.
Working with a child custody lawyer will provide you with a comprehensive legal strategy tailored to your case. This may mean that they support your collaboration with the other parent or work more proactively to protect your parental rights and the rights of your children against violations by the other parent. Each family situation is nuanced, and every child needs something different. Having an attorney means you have someone who can help you assess the facts and needs of the situation for the healthiest and most stable outcome available.
What to Expect From Your Highland Village Custody Case
Any legal process can be long and drawn out. Child custody is no different. While the process may be shortened at any time if parents can agree outside of court, these are some of the stages of your case you may encounter.
Preparation
As with any significant decision, adequate preparation is key when it comes to your child custody case. This is another area where our Highland Village child custody attorney can greatly help. With their years of experience, they can provide you with options you might not have considered. This includes ideas for custody splits or visitation schedules. A standard split may be appropriate for some families, but for others, a more open agreement may be needed. By considering these options, you can feel empowered to make informed decisions about your child’s future.
Filing
Once you have made preliminary preparations, you will file papers with the county clerk. This may be a divorce or just opening a case regarding the parent-child relationship if you and the child’s parent were never married. At this point, a child custody attorney can help file the appropriate paperwork and ensure the other parent is served and notified.
Mediation
Mediation is not always a required step in a custody case, but many parents may choose to engage in mediation to reach an agreement on their own. This saves time and fees and the possible unpredictability of having the judge decide. This is yet another area where a Highland Village child custody law firm may intervene on your behalf to ensure a more agreeable outcome for you and your children.
Discovery
Discovery occurs in nearly every court case. However, rule 500.2 in Texas civil procedure defines the process as exchanging relevant information between parties to the case. The purpose is to share evidence and allow both parties to prepare for trial.
Trial
After attempts at mediation or negotiation are over and the discovery phase ends, you will wait for your trial date. At this point, the parent who initiated the case, or their representation, will generally begin with presenting their case, speaking with witnesses, and sharing their preferred custody agreement. The other parent, or their representative, will have a chance to speak with each witness and share their preferences for a parenting plan. When all of the judge’s questions are answered, and both parties have made their case, the judge will present the possession order.
Highland Village Custody Types
When you retain a Highland Village child custody law firm, this may be to determine how custody will be assigned. This is commonly called conservatorship in Texas, and there are four different custody formats.
- Split: This occurs when more than one child is involved. Each parent will assume sole custody of at least one child.
- Sole: One parent has the right to make decisions for the child, and the child lives with them full-time
- Joint: The child resides with one parent as a primary residence but still has visitation with the other parent
- Shared: The child must live with each parent for at least 35% of the year, and both parents must make decisions regarding the child together.
In these different forms of conservatorships, the division of custody will vary. However, the rights of a custodial parent in Texas will remain the same. If you have any questions about how this relates to your specific agreement, you need to speak with a child custody attorney.
Understanding Highland Village Possession Agreements
The purpose of your Highland Village custody case is to come to an agreement on a visitation schedule or establish visitation rights for yourself or the other parent. In Texas, this is known as a possession order, and there are a few kinds:
- Standard Possession Order: When parents live within 50 miles of each other
- Modified Possession Order: This can have many variations depending on family needs
- Supervised Possession Order: This may apply when there is a safety concern for the children or a history of family violence.
- Possession Order Child Under Three: Takes in the unique needs of younger children.
The primary difference in these possessive orders is how time is split. For example, a parent who lives locally, within 50 or 100 miles, may receive a mid-week visit for dinner. In comparison, a parent who lives beyond 100 miles will not receive mid-week parenting time but may receive a longer period during the summer. Spending 3-4 hours in the car every Thursday night to have dinner with a parent is likely to be more disruptive than helpful, but the extra time in the summer is less likely to add any additional strain to the child. If one party does not follow the possession order by consistently changing dates, showing up late, or dropping off late, you may petition the court to enforce your visitation order in Texas.
What Can Jeopardize Your Custody Case?
When you are trying to get custody of your kids, there are a number of things that can hurt your cause. Some of these may be expected, like abuse or neglect, but others may seem less obvious.
Recent Criminal History
Suppose you have a recent criminal history or unresolved charges. In that case, this may impact the ruling for custody, particularly if you may be facing jail time and will be unable to provide a stable home for your child due to incarceration.
Untreated Mental Health Issues
If you have untreated or ill-addressed mental health issues, this could cause the court to doubt your ability to manage your household and meet your child’s needs adequately. If you have mental health conditions or a history of them, you may want to disclose this to your attorney to ensure that you can combat any concerns that may arise relating to it.
Living Conditions
The living conditions you can provide for your child may also affect the outcome of your custody case. You don’t have to own your own home with a fenced-in backyard in the best school district. That may help your case, but even if that is your situation, if you have unhealthy friends coming in and out or can’t maintain a clean environment for your children, the physical space and location will not matter as much.
Poor Communication
If you are unable to communicate effectively with your co-parent, this may demonstrate a lack of ability to cooperate or facilitate a healthy relationship with the other parent. Poor communication may also look like an attempt at parental alienation. The court wants to see a parent who can communicate clearly and calmly through the pressure of the separation. Calm communication may also demonstrate a degree of emotional stability that is necessary for raising a healthy child.
Parental Involvement
Your level of engagement and involvement in your child’s life can be a significant determining factor when all others are equal. If you have not been regularly involved in your child’s life up to this point, it may introduce concerns about your willingness to show up for your child if you have custody. The court is generally looking for a parent who shows up to school events, activities, and meetings for their child prior to the separation and certainly during the court proceedings.
Supporting Your Child
A separation can be very difficult for a child, especially if the child isn’t old enough to truly understand what is happening. Some parents may be concerned about their child’s well-being even in the best circumstances. Some things you can do to provide protective factors for your child are:
- Build and nourish a support network of friends and family that your child can rely on
- Try to keep routines the same as much as possible to provide stability
- Some kids may benefit from speaking with a mental health provider to help the transition
The best thing you can do for your child, though, is to make sure you are taking care of yourself. In times of significant disruption, our children look to us as a kind of litmus test to determine how good or bad things are. When you demonstrate healthy coping skills and behaviors, they will be more able to copy those and get through the hard parts in a healthy way.
Call a Highland Village Child Custody Lawyer Today
When you are in the middle of a significant life change like a separation and custody case, you need the support of an experienced Highland Village child custody lawyer to ensure the outcome is not left to chance. At the Youngberg Law Firm, we understand that family dynamics are complicated, and what is right for one family may not work for another.
If you find yourself having to navigate a custody agreement, you can book a free case consultation online. When you book your consultation with us, we can discuss the details of your case and explain the services we may be able to offer you. When you secure us to represent you, it allows us to focus on the legal side of your case while you focus on your home and children.