Child Custody

Child custody disputes can be emotionally devastating for children, even if their parents are trying to protect them. The Tarrant County child custody lawyers at The Law Offices of Richard C. McConathy are committed to helping you reach a quick and successful resolution that is in the best interests of your children.

We will thoroughly investigate the facts of your case and work aggressively to protect your rights as a parent. To discuss your child custody case, call us today at (817) 422-5350 or fill out our contact form on the right to schedule your free case review.

We understand that child custody disputes are difficult, but we are here to help you through the process. Call us today to get started.

Determining Primary Custody in Tarrant County, Texas

Determining primary custody in Fort Worth, Arlington, Grapevine, Southlake, Keller, or other areas in Tarrant County, Texas is a crucial aspect of child custody and conservatorship hearings. The court takes into account various factors to ensure the best interests of the child are met. Here are some key factors that play a significant role in these decisions:

The child’s age and gender: The court considers the age and gender of the child to assess their specific needs and requirements.
Parent-child relationship: The quality of the relationship between each parent and the child is carefully evaluated. Factors such as emotional bond, communication, and involvement in the child’s life are taken into consideration.
Stability and continuity: The court looks at which parent can provide a stable environment for the child. Factors such as living arrangements, stability in employment, and consistency in routines are assessed.
Parental fitness: Each parent’s physical and mental health is evaluated to determine their ability to care for the child adequately.
Child’s preferences: Depending on their age and maturity level, the court may take into account the wishes of older children regarding custody arrangements.
History of abuse or neglect: Any history or evidence of abuse or neglect by either parent can heavily impact custody decisions. The safety and well-being of the child are paramount concerns for the court.

It is important to note that these factors serve as guidelines rather than strict rules. Each case is unique, and Tarrant County courts strive to make decisions that align with what is best for each individual child involved.

If you are involved in a child custody or conservatorship hearing, it is important to have an experienced attorney represent you. An attorney can help you understand the process and advocate for your rights.

Types of Child Custody in Texas

There are two main types of conservatorship in Texas: sole and joint.

Sole conservatorship is when one parent has the exclusive right to make decisions about the child’s upbringing, including education, healthcare, and religious training. The other parent may have visitation rights, but they are limited.

Joint conservatorship is when both parents share the right to make decisions about the child’s upbringing. This is the most common type of conservatorship in Texas, and it is preferred by the courts.

There are many different ways to structure a joint conservatorship, and the parents can work together to create a plan that works for their family. A legal professional can help you comprehend your rights and options, and they can advocate for you in court. Which type of conservatorship is best for your family will depend on your individual circumstances. If you are unsure, it is important to talk to an experienced child custody attorney.

Child Custody Trials in Tarrant County

If you and your ex-partner cannot agree on child custody, a family court judge will decide based on what is in the best interests of your child. Having a skilled child custody lawyer in Tarrant County, TX, represent you is crucial.

Your lawyer will fight to protect your rights and help you reach an agreement that is fair to everyone involved. If you cannot reach an agreement, the court will decide based on the following factors:

Which parent is the primary caregiver?
What is the status quo of the childcare arrangements?
Is there a history of visitation between the parents and the child?
Is there any substance abuse or mental health issues?
Is there any history of domestic violence or other criminal history?
What are the work schedules of the parents?
What is the general employment situation of each parent?
How are the children performing in school?
Are there any other developmental issues?
What are the current living arrangements of each parent?
Is there any behavioral history that should be considered?

The court will weigh all of these factors and make decisions based on what is in the best interests of the child. A lawyer can assist you in comprehending the procedure and championing your rights. Here are some tips for negotiating a child custody agreement with your ex-partner:

Be prepared to compromise.
Be flexible and willing to listen to your ex-partner’s needs.
Focus on the best interests of your child.
Put your child’s needs first.
Be willing to walk away if you can’t reach an agreement that is fair to everyone involved.

If you are unable to reach an agreement with your ex-partner, you may need to go to court. However, it is important to note that trials can be expensive and time-consuming. It is always best to try to reach an agreement with your ex-partner before going to court.

Filing for Child Custody in Texas

To file for child custody in Texas, your child must have lived in the state for at least six consecutive months with a parent or person acting as a parent. Once you have established residency, you can file your paperwork.

The filing process may vary depending on your circumstances. If you were never married to the other parent, you may need to resolve questions of paternity before settling child custody.

Here is a summary of the steps involved in filing for child custody in Texas:

Establish residency. Your child must have lived in Texas for at least six consecutive months with a parent or person acting as a parent.
File your paperwork. The filing process may vary depending on your circumstances, but you will need to file certain forms with the court.
Serve the other parent. You will need to serve the other parent with a copy of your paperwork.
Attend a hearing. The court will hold a hearing to determine custody.
The judge will make a decision. The judge will decide what is in the best interests of your child and issue a custody order.

Here are some additional tips for filing for child custody in Texas:

Gather all of your documentation. This may include birth certificates, school records, medical records, and any other documentation that is relevant to your case.
Be prepared to answer the court’s questions. The judge will want to know about your child’s living situation, your relationship with the other parent, and your plans for the child’s future.
Be respectful of the court. Even if you are angry or frustrated with the other parent, it is important to be respectful of the court. This will show the judge that you are mature and responsible.

If you have any questions about filing for child custody in Texas, please consult with an experienced attorney.

How Judges Decide Custody Disputes

Even if parents reach an agreement on a child custody plan, a judge must approve it before it becomes enforceable. This is because the court is ultimately responsible for protecting the best interests of the child.

If the judge or jury needs to decide on custody arrangements, they will consider a number of factors, including:

The child’s wishes, if they are old enough and mature enough to express them.
The child’s needs, including their physical, emotional, and educational needs.
The relationship between the child and each parent.
The parenting abilities of each parent.
The stability of each parent’s home environment.
Any history of domestic violence or other abuse.
The child’s medical and educational needs.

The judge will weigh all of these factors and make a decision based on what they believe is in the best interests of the child. If you are involved in a child custody dispute, it is important to have an experienced attorney represent you.

An attorney can help you understand the law, protect your rights, and advocate for your child’s best interests. Here are some tips for finding a good child custody lawyer:

Ask for recommendations from friends, family members, or other professionals.
Look for an attorney who has experience in child custody cases.
Schedule a consultation with the attorney to discuss your case and see if they are a good fit for you.

It is also important to be prepared for the child custody process. This means gathering all of your relevant documentation, such as birth certificates, school records, and medical records.

You should also be prepared to answer questions about your child’s living situation, your relationship with the other parent, and your plans for the child’s future. Child custody disputes can be complex and difficult, but it is important to remember that the court is ultimately responsible for protecting the best interests of the child.

Best Interests of the Child

In child custody cases, determining what is in the best interests of a child can be a complex process. However, the Texas courts have established guidelines that they follow to ensure that the child’s well-being is prioritized. When it comes to making decisions regarding child custody, several important factors are taken into consideration during conservatorship hearings in Tarrant County, Texas. These factors include:

The emotional and physical needs of the child
The ability of each parent to provide a stable and loving environment
The historical relationship between the child and each parent
The willingness of each parent to encourage a positive relationship between the child and the other parent
The mental and physical health of each parent
Any evidence of domestic violence or abuse
The preferences of the child, if they are old enough to express them

By considering these factors, the Texas courts aim to make decisions that are in the best interests of the child involved in custody disputes. It is important for all parties involved to present their case with these guidelines in mind, ensuring that any decisions made prioritize the well-being and happiness of the child above all else.

The court will weigh all of these factors and make a decision based on what they believe is in the best interests of the child. Here are some additional factors that the court may consider:

The child’s educational and medical needs.
The child’s relationship with their extended family and community.
The child’s cultural and religious heritage.

The court will also consider any other relevant factors that may be specific to your case. It is important to note that the court is not bound by the child’s preferences.

The court will make the decision that they believe is in the best interests of the child, even if the child disagrees. If you are involved in a child custody dispute, it is important to have an experienced attorney represent you.

An attorney can help you understand the law, protect your rights, and advocate for your child’s best interests. It is also important to be prepared for the child custody process.

This means gathering all of your relevant documentation, such as birth certificates, school records, and medical records. You should also be prepared to answer questions about your child’s living situation, your relationship with the other parent, and your plans for the child’s future.

Child custody disputes can be complex and difficult, but it is important to remember that the court is ultimately responsible for protecting the best interests of the child.

Parent More Likely to Be Awarded Sole Custody

Texas law does not favor mothers or fathers in child custody cases. The court is required to consider what is in the best interests of the child. However, there are some factors that can influence the court to award sole custody to one parent. These factors include:

A history of domestic violence or child abuse
Substance abuse
Mental health issues
Criminal history
The child’s relationship with each parent
The parenting abilities of each parent
The stability of each parent’s home environment

If you are seeking sole custody of your child, you will need to prove that the other parent is unfit to parent. This can be a difficult task, but it is important to remember that the court is required to make a decision based on the best interests of the child.

If you have an attorney, they will help you gather evidence to support your case. They will also represent you in court and advocate for your rights.

Parenting Plans and Visitation Orders

A parenting plan is a written agreement between parents that outlines how they will share the care and responsibility of their children after divorce or separation. The plan should include things like where the children will live, how much time they will spend with each parent, and how decision-making will be shared.

In Texas, the court prefers to grant joint legal custody, which means that both parents have the right to make major decisions about the children’s lives, such as their education and healthcare. However, in some cases, the court may grant sole legal custody to one parent, if it is in the best interests of the child.

Visitation orders specify how much time the children will spend with each parent. Visitation schedules can vary depending on the best interests of the children, the financial and social situations of the parents, and other factors.

If there are parenting issues involving drug or alcohol abuse, domestic violence, neglect, or other factors that may pose a threat to the children, a parent can petition to have the visitation orders modified. This can lead to a limitation on access, visitation, and may even award sole custody to one parent or guardian.

If you are creating a parenting plan or seeking modification of visitation orders, it is important to have an experienced attorney represent you. An attorney can help you understand your rights and options, and they can advocate for your child’s best interests.

Here are some tips for creating a parenting plan:

Be reasonable and flexible.
Focus on the best interests of your child.
Consider your child’s needs and schedule.
Be prepared to compromise.
If you cannot reach an agreement with your ex-partner, you may need to go to mediation or court.

If you are involved in a child custody dispute, it is important to have an experienced attorney represent you. An attorney can help you understand the law, protect your rights, and advocate for your child’s best interests.

Enforcing Child Visitation Orders

If the other parent is violating the child visitation order, you may need to take legal action to enforce it. There are a number of remedies that the court can order, including:

Holding the other parent in contempt. This means that the court has found the other parent to be in violation of the court order. The court can impose a variety of penalties for contempt, including fines, jail time, or both.
Jailing the other parent for failure to comply with the court’s orders. This is a more serious remedy, and it is typically only used in cases where the other parent has repeatedly violated the court order.
Assessment of attorneys’ fees and costs against the other parent. If you have to go to court to enforce the visitation order, the court may order the other parent to pay your attorneys’ fees and costs.
Awarding you additional visitation time. If the other parent has violated the visitation order, the court may award you additional visitation time to make up for the lost time.

When it comes to enforcing a child visitation order and navigating the complexities of child custody, having an experienced attorney by your side is crucial. In Tarrant County, Texas, conservatorship hearings require careful attention to detail and a deep understanding of the legal process.

An attorney specializing in family law can provide you with invaluable guidance and support throughout this challenging journey. They will ensure that you fully comprehend your rights and options under the law, helping you make informed decisions that prioritize your child’s best interests.

Here are some tips for enforcing a child visitation order:

Keep a record of all violations of the court order. This may include dates and times, witnesses, and any other relevant information.
Try to resolve the issue with the other parent directly. If you can reach an agreement, you can avoid going to court.
If you cannot reach an agreement with the other parent, you may need to file a motion to enforce the visitation order. You will need to serve the other parent with the motion and any supporting documentation.
Attend the court hearing and be prepared to testify about the violations of the court order.
If the court rules in your favor, the court will issue an order enforcing the visitation order. You may need to file the order with the sheriff’s office so that it can be enforced.

When it comes to matters as important as enforcing a child visitation order, leaving no stone unturned is essential. By enlisting the services of an experienced attorney, you are taking a proactive step towards securing a favorable outcome while prioritizing your child’s best interests every step of the way.

Requesting Supervised Visitation for a Child

If you are concerned that your child may be in danger when spending time with the other parent, you may request supervised visitation. Supervised visitation means that the child can only spend time with the other parent in the presence of a third party, such as a family member, friend, or professional supervisor.

The court will only order supervised visitation if it is in the best interests of the child. The court will consider a number of factors, including:

The nature of the other parent’s problems.
The severity of the other parent’s problems.
The risk of harm to the child.
The child’s relationship with the other parent.
The child’s wishes, if they are old enough and mature enough to express them.

If the court orders supervised visitation, the court will specify the terms of the visitation, such as who the supervisor will be, where the visitations will take place, and how long the visitations will last. Here are some tips for requesting supervised visitation for a child:

Gather evidence of the other parent’s problems. This may include documentation of substance abuse, domestic violence, or neglect.
Talk to an attorney about your case. An attorney can help you understand your rights and options, and they can advocate for your child’s best interests.
File a motion with the court requesting supervised visitation. You will need to serve the other parent with the motion and any supporting documentation.
Attend the court hearing and be prepared to testify about your concerns about the other parent’s problems and the risk of harm to the child.

Requesting supervised visitation can be a difficult decision, but it is important to remember that you have a right to protect your child. An experienced attorney can help you navigate the process and protect your child’s best interests.

Mediation for Child Custody Disputes

Mediation is a process in which a neutral third party, such as a mediator or therapist, helps parents resolve their child custody dispute. The mediator does not make decisions for the parents, but rather helps them communicate and negotiate with each other to reach a mutually agreeable solution.

Mediation can be a very effective way to resolve child custody disputes. It is often less expensive and less time-consuming than going to court. Mediation can also help to reduce conflict between the parents, which can be beneficial for the children.

If you are considering mediation, it is important to choose a mediator who is experienced in child custody cases. You should also make sure that you and the other parent are both willing to participate in mediation and to negotiate in good faith.

Here are some of the benefits of mediation for child custody disputes:

It is less expensive and less time-consuming than going to court.
It can help to reduce conflict between the parents.
It gives the parents more control over the outcome of their case.
It is a more confidential process than going to court.
It can help the parents develop a parenting plan that is tailored to the specific needs of their family.

If you are involved in a child custody dispute, mediation may be a good option for you. Talk to your attorney about whether mediation is right for you and your family.

Child Custody Attorney in Tarrant County, TX

Any parent who is locked in the midst of a child custody dispute will want to be sure they have legal representation before heading to court to resolve any conflict.

Do you need a child custody attorney in the Fort Worth, Arlington, Grapevine, Southlake, or Keller area? Look no further. The Law Offices of Richard C. McConathy are experienced Tarrant County child custody lawyers who will be able to fight to make sure all of your interests are served and your rights are protected as a parent.

You can call us at (817) 422-5350 or contact us online to schedule a free consultation. We will be able to discuss your case with you in complete detail and help you understand all of your legal options.