Child Custody Attorney in Dallas, TX
Helping Clients Fight for Their Parental Rights
Child custody, known under Texas law as conservatorship, is often the most contentious issue in couples going through a divorce. The general rule is that child custody orders will be made to fit the best interests of the child. This means parents interested in maintaining custody must prove that granting such would be the most beneficial to the child. The Dallas child custody lawyer at Clark Law Group has years of experience helping parents fight for their parental rights. If you have questions, call our firm.
In Texas, child custody is defined two ways: legal custody and physical custody. When a parent is granted legal custody, he or she is granted the right to make decisions regarding the child’s health care, education, religion, and any other major decisions that could affect the child’s well-being now or later in life. The parent with physical custody has the right to make decisions regarding the child’s everyday needs, such as what they eat, what they wear, and what time they go to bed. When one parent is awarded sole custody of a child, that means that he or she has both legal and physical custody and that the child has one primary residence. The other parent gets visitation rights solely.
Get help with your child custody case in Dallas by dialing (214) 438-1152 or contacting us online. Clark Law Group offers free consultations to help you get started.
How to Get Sole Custody
Typically, spending equal amounts of time with both parents is essential to a child’s emotional and developmental well-being. However, there are instances in which a court will determine that less time or even no time with a parent is in their best interest, in which case they will grant sole custody to the other parent. Under the Texas Family Code, the court might determine a parent inadequate to care for their child under the following circumstances:
- There is a history of domestic violence and/or physical abuse;
- There is a history of child neglect;
- There is a history of sexual abuse, to either the child, other children, or the other parent; or
- There was a protective order filed against the parent in question.
- Chronic drug and alcohol abuse;
- Poor health and fitness, resulting in an inability to properly care for the child;
- A history of criminal activity; or
- Absence during a majority of the child’s life;
While any court would weigh each of the above factors heavily when determining the custody of a child in Dallas, Texas, they would not consider those factors alone. They would also take into consideration the child’s relationship with each parent, each parent’s ability to care for the child, and the current lifestyle choices of each parent. With that in mind, there are factors that a court would not take into consideration in a child custody case.
Complications with Child Custody in Texas
Because families can include more members than just the children and parents, custody issues can arise in a number of different places. Extended family members, for example, may feel they deserve custody because they feel the birth parents are negligent. It is important to have an attorney on your side that can help you protect your interests in these matters.
Other parties could petition for custody due to:
- Modification of court orders such as child support orders, visitation orders, and custody orders
- Termination of parental rights in cases involving sexual or physical abuse, drugs, criminal charges, lack of visitation, or failure to pay court-mandated child support.
- Paternity testing proving different parental rights or support obligations
- Step-parent adoptions
Custody for Parents Moving Out of State
When a parent wishes to move out of state, having a child custody lawyer who is familiar with Texas law is important. They can help navigate the complex laws involved in such a move.
They will need to take certain statutes into consideration such as:
- Uniform Parentage Act (UPA)
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Parental Kidnapping and Prevention Act (PKPA)
- Uniform Interstate Family Support Act (UIFSA)
- Hague Convention on International Child Abduction
Why Choose Clark Law Group?
With awards from the American Institute of Family Law Attorneys and Avvo, the team at Clark Law Group has the experience clients need to obtain the outcome that best meets their needs. Do not try to fight for your parental rights alone. Call our firm today and get started on protecting your family.
Call (214) 438-1152 now to schedule your free consultation with Clark Law Group.