With almost two decades of experience, the Law Office of RRK has been successfully fighting for the full child custody and visitation rights of parents in Austin and the greater metro area. Contact us today for your free consultation!
Whatâs the difference between legal custody and physical Custody in child custody cases?
Parents typically divide both legal and physical custody of their child. But what do these two types of custody really mean? Legal custody is the right to make decisions that affect the upbringing and welfare of a child, while physical custody involves day-to-day responsibility for the child's parent in providing the actual caretaking required.
What is joint custody?
Generally, parents are granted joint custody, granting them both equal rights to the medical and educational records of their own child. It also requires that they collaborate on decisions involving their children together.
Unlike physical custody, joint legal custody has nothing to do with the child's place of residence. But by frequently awarding joint legal custody, a parent who is granted visitation rights or secondary physical custody will not be excluded from making major decisions involving their children.
But how does a child custody lawyer help improve my situation?
Typically, a family law attorney is also a child custody attorney. Child custody is under the penumbra of family law. A family law child custody lawyer is a specialized attorney who helps parents through the process of obtaining sole legal custody, joint legal custody, or other forms of child custody arrangements.
A child custody lawyer can also assist with other matters related to child custody, such as determining visitation rights, drafting parenting plans, and arranging for child support payments.
They will also help prepare any necessary legal documents and represent their client in court if needed. In cases where sole or joint legal custody is not possible, a child custody lawyer can help negotiate other arrangements for the parents, such as sole physical custody or shared parenting.
Co-parenting and dispute resolution
They will also provide guidance on co-parenting and dispute resolution. By working with a skilled child custody lawyer, divorcing couples can ensure that their childrenâs best interests are being looked out for during the divorce process.
Family Law Child custody lawyers will also provide advice to their clients regarding any potential legal issues that may arise from a child custody arrangement, such as ensuring compliance with court orders, or negotiating changes in visitation rights should circumstances alter.
Ultimately, it is important for divorcing couples to work with an experienced child custody lawyer throughout the entire process to ensure their childâs best interests are considered. With a competent family law child custody lawyer, divorcing couples can secure the best possible outcome for their children.
Get an attorney that knows the local and state laws
Furthermore, it is essential for both parents to hire child custody lawyers who understand local and state laws related to child custody and support, as well as federal laws that may have an impact on the outcome of their case.
Knowing the law and its nuances will help ensure that decisions are made in the best interests of the child, rather than for adultsâ convenience or personal agendas. Child custody lawyers know how to navigate these complex legal waters to make sure that their clients can secure the best possible outcome for their children. With the help of a knowledgeable child custody lawyer, divorcing couples can rest assured that their childrenâs best interests are being taken into account.
Conclusion
When a family is going through a competent family law child custody lawyer, divorcing couples can secure sole legal or joint legal custody, as well as child support payments. Ultimately, it is important for parents to seek the help of an experienced child custody lawyer when dealing with matters of sole or joint legal and physical custody, visitation rights, and child support. With the guidance of a skilled professional, a more favorable outcome will all but be assured.
Do family law and criminal law sometimes overlap?
Family law cases and criminal cases often overlap. Domestic violence is one example of a situation that can result in both civil and criminal proceedings. In a child custody case, the court may issue an order granting child custody rights to a parent or caretaker, while at the same time deciding if the other party should face criminal charges such as child abuse or neglect. In such cases, a substantial and material change in the child's life could occur as quickly as a temporary court order. It all depends on what stage the child custody process is at. And depending on whether you are the parent accused of domestic violence, or the parent alleging family violence, will also depend on the advocacy needed to advocate for those particular legal rights. Whether it is sole custody or visitation. The type of ruling made can and probably will have an impact on the child's and mother's health care as well.
Therefore, it is important to understand how criminal defense intersects with family law when representing either party. To ensure proper representation and protection of the child's best interests, it is beneficial for a child custody attorney to be aware of the potential overlap between these two areas of law.
Child welfare system
Additionally, attorneys should have an understanding of the child welfare system, as any criminal conviction can significantly affect child custody and child support matters. It is important for attorneys to be able to create a strategic plan that weighs the risks and benefits associated with both family law and criminal proceedings with practical considerations that have realistic outcomes for their clients.
Ultimately, the knowledge of a trial attorney not only protects their clients, but also the child's life in the long run. Therefore, any attorney handling a family law or criminal case should be an experienced attorney well-versed in both areas of law.
Remember, when it comes to matters of child custody, there is always room for parents to reach an agreement outside the courtroom. A family law lawyer can help develop a custody agreement that meets the needs of all parties involved.
Depending on the situation, this may include an arrangement between the custodial parent and non-custodial parent regarding visitation rights and responsibilities. Ultimately, any agreement should prioritize what is best for the child.
The Law Office of RRK
The law offices of RRK are dedicated to providing legal services for families facing a variety of family law matters. Our attorneys have extensive experience in litigating family law cases, including those involving joint legal custody and parental rights.
We understand the delicate nature of these issues and work hard to ensure our clients get the best possible outcome from their cases. Please contact us today for an in-person free consultation, a virtual initial consultation, or an over-the-phone free consultation.
Or contact us online right away through or message icon or form submission. Time is always of the essence in these matters. We look forward to helping you with a favorable outcome in your family matter.
Lastly, we always like to end our discussion with a Q&A from common questions we are asked about family law and custody. The below may help answer some outstanding questions you may have regarding custody law and the legal representation surrounding it.
Will the court order that my child lives with me or the other parent based on their decision?
In Texas, kids lack the autonomy to decide their primary residence until they turn twelve years old. At this time, a court may factor in the child's wishes when making its final decision on what parent they should reside with; though it is not necessarily binding.
And even now, the courts do not require that the child fill out an affidavit to that effect. Rather, they usually only the child's desire into consideration if they need extra evidence to make a decision, typically in Travis and Williamson County - in our experience.
Usually, this can happen when the evidence indicates both parents are good parents, the attorneys presented compelling evidence on both sides, and it's basically a stalemate.
Will a judge grant 50/50 custody in Texas?
Despite what you might have heard, it is possible to achieve 50/50 custody in Texas. In fact, the law explicitly states that gender discrimination cannot be a factor when making any child-custody decisions. Fathers don't need to fear they will get an unfair hearing if they seek equal parenting time with their children.
The other parent is saying I am unfit, what does that mean?
If a parent is deemed unfit to contact their child, they will be stripped of any legal right to possess or visit them. This includes situations in which there has been an occurrence of family violence, emotional abuse, or other potentially hazardous risks - such as within the household itself.
Who wins most custody battles?
With the divorce rate reaching an almost all-time low of 2.3 per 1,000 residents in 2020, a majority (51%) of custody cases are amicably settled between both parents outside court â with mothers as the primary custodial; and typically, parents settle their case outside a trial 91% of the time.
What would cause a mother to lose custody in Texas?
In Texas, there are certain occasions where parents may be stripped of their custodial rights over their children. Such situations can include but are not limited to child abuse, negligent parenting, or any kind of long-term mental health problems and/or drug addiction on the part of the parent(s). However, if this unfortunate circumstance happens, a family law attorney/visitation lawyer can work closely with the court to obtain visitation rights during this time.
Can a mother legally keep her child away from the father in Texas?
The law is clear that parents must parent their child custody matters together, in accordance with what will bring the most benefit for them. However, when a legal document does not exist to ensure meetings between the two parties take place, it becomes next to impossible to make visits happen by legal means. However, if there is a court order, a petition for enforcement can be filed.
How much is minimum wage child support in Texas?
Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income; two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; etc...
NOTE: if your income is less than $1k then the following percentages apply to begin September 1, 2021:
1 child = 15% of the noncustodial parentâs average monthly net resources
2 children = 20% of the noncustodial parentâs average monthly net resources
3 children = 25% of the noncustodial parentâs average monthly net resources
4 children = 30% of the noncustodial parentâs average monthly net resources
5 children = 35% of the noncustodial parentâs average monthly net resources
Thank you for taking the time to read our article.