Child Custody Lawyer in El Paso
Navigating the child custody process can be challenging. It often requires answering many difficult questions. In Texas, like in many other states, the best interests of the child transcends all other considerations.
In divorce cases and child custody disputes, the state will look at both sides of the story and determine what is in the child’s best interest. Your El Paso child custody attorney plays an important role in accurately representing you in the eyes of the law and achieving your desired outcome.
At The Law Offices of Rios, Parada, and Seañez, PLLC, we understand the long-term impact a child custody case has on our clients and their children. We take the time to truly understand your and your child’s needs and work hard to get you the resolution you deserve. Although custody matters can quickly become complicated, our El Paso child custody lawyers will streamline the process while protecting the rights and best interests of both you and your child.
Call (915) 532-2333 today to arrange a phone consultation with a top child custody lawyer in El Paso.
Types of Child Custody in Texas
In Texas, there are two types of custody: physical and legal. Physical custody determines where a child will reside most of the time, and legal custody gives a parent the right to make important decisions involving their child’s upbringing.
Both parents can mutually agree upon physical and legal custody arrangements. However, when parents cannot agree on an appropriate custody arrangement, an El Paso, Texas, family court will make the final decision.
Physical Custody
Physical custody, or who a child lives with on a regular basis, can be awarded to only one parent or shared between both parents.
Sole Physical Custody
If a parent acts as a child’s primary caregiver, they are said to have sole physical custody and are referred to as the “custodial parent.” The other parent is given visitation rights and considered the “noncustodial parent.” Our El Paso child custody lawyers can help you fight for sole custody in situations where your child’s other parent has:
- An alcohol or drug addiction
- A history of domestic violence
- A history of emotional or physical abuse of the child
- Mental or emotional health struggles
- Does not want custody
Shared Parenting
Joint physical custody, also known as “shared parenting,” is considered an ideal custody arrangement by Texas courts. With shared parenting, both parents contribute to the child’s day-to-day care.
Legal Custody
Legal custody gives a parent the right and responsibility to make important decisions relating to their child’s health, education, religious practices, and overall well-being. These matters include:
- Where the child lives
- Their education
- The child’s doctor, dentist, or other medical professionals
- Their medical care
- The child’s mental, emotional, and psychological needs
- Their religious practices
- Any extracurricular activities, sports, and travel
Sole Legal Custody
In some cases, one parent is awarded sole legal custody, meaning they are the only parent given the right to make these critical decisions. Sole custody is typically granted when the other parent has a history of violence, child abuse, and mental or emotional issues.
Joint Legal Custody
When both parents can make important choices for their children, they have joint legal custody. Like joint physical custody, courts prefer joint legal custody unless they feel sole legal custody is in the child’s best interest.
To arrange a confidential phone consultation with a child custody lawyer in El Paso, call (915) 532-2333 today.
Factors Considered in Texas Child Custody Cases
Child custody is one of the most highly-disputed family law matters. Often, parents cannot agree and need a judge to determine child custody on their behalf.
When courts are tasked with deciding child custody, they look at several factors, including the:
- Child’s wishes
- Parent’s wishes
- Child’s relationship with both parents
- Each parent’s role in the child’s life
- Safety and well-being of the child
- Their adjustment to a new home, school, or community
- Child’s relationship with siblings and other family members
- The level of cooperation between the child’s parents
- Any past resistance to abide by an established child custody order
- A history of substance abuse, domestic violence, or child abuse or neglect
Custody Rights for Unwed Mothers in Texas
In Texas, an unmarried woman who gives birth is automatically granted sole legal and physical custody of their child. The mother will keep full custody until the father proves they are the child’s biological father and files a court motion requesting custody.
Rios, Parada, and Seañez, PLLC Understands Your Needs
Our child custody law firm understands trust and compassion are critical in any child custody case. It involves trusting us with a life-changing matter in your family’s lives. We take this responsibility seriously and fight with everything we have to get you the outcome you deserve. Our experienced and dedicated El Paso child custody lawyers will always provide honest, ethical, and professional legal representation.
Frequently Asked Questions About Child Custody
What types of child custody arrangements are available in Texas?
In Texas, there are two primary types of child custody arrangements; “sole managing conservatorship” and “joint managing conservatorship.” Sole managing conservatorship means that one parent has the exclusive right to make important decisions regarding the child’s care and upbringing, while joint managing conservatorship means that both parents share the right to make the decisions.
How do Texas courts determine child custody arrangements?
When determining child custody, Texas courts consider the best interests of the child. These considerations may include the child’s physical and emotional needs, each parent’s ability to provide for those needs, each parent’s home environment, the child’s preference, and any history of domestic violence or abuse. The court may also consider the child’s existing relationship with each parent and the child’s anticipated adjustment to school, home, and community.
Can a child’s preference influence a custody arrangement?
Yes. In Texas, a child’s preference can be considered by the court, but it is not the only determining factor. How heavily their preference is considered depends on the child’s age, maturity, and the reasons for their preference. However, the family law court will always prioritize what is in the child’s best interests above all else when making a decision.
Speak to a Leading Child Custody Lawyer in El Paso
Call The Law Offices of Rios, Parada, and Seañez, PLLC today to learn more about your child custody case. Our family lawyers can also help with other matters, such as divorce and child support. Call (915) 532-2333 or contact us online to schedule a phone consultation with an experienced child custody attorney.