Child custody deals with the issue of legal custody and physical custody. In Texas, "custody" and "conservatorship" are terms used to define the rights and duties of each parent including where the child or children will reside. The divorcing parents can either come to an agreement or a court will make a decision as to what times the children will spend with each parent and will pay close attention to the time the child will spend with the parent that does not have primary residence. Each parent will have certain legal rights. Some legal rights belong to both parents at all times while some legal rights apply when the child is with that parent. Some rights will be given to only one parent, such as surgery consent for non-emergencies and where the children will live. If you have specific questions concerning your existing custody ruling, please contact a lawyer.
When deciding the issue of custody, the court will base the decision on what’s in the best interest of the child based upon all evidence provided to the court such as the wishes of the parents, the needs of the child, the relationship with each parent and other family members, which parent will allow meaningful access, the living environment, relocation issues, the mental and physical health of all parties, and the wishes of the child.
The wellbeing of your children is probably one of your top priorities in life. Protecting them from harm during a divorce can be a difficult task. When facing a challenging custody dispute, the assistance of an experienced child custody lawyer during a divorce, can be invaluable in helping you find the resolutions you need to move forward while providing for your family’s safety and well-being. The Law Office Of Steven C. Benke represents mothers and fathers with a wide variety of custody and visitation issues. Our experience includes handling custody matters related to parents going through a divorce, common law marriage, military divorce, visitation arrangements, and those needing modifications to their current custody court order.
You should obtain a court order for custody when you are separated but not divorcing, when you are divorcing, or when a paternity or legitimization suit has been filed.
We have an experienced staff that can handle every type of custody matter, including:
- Parental relocation
- Enforcement of visitation
- Motions to deny visitation
- Custody issues when parents live in different states (see Military Divorce)
Whether you’re involved in a custody dispute following a divorce or you require assistance modifying an existing custody order, we have the experience and compassion needed to help you find resolutions. For a free and confidential consultation, call The Law Office Of Steven C. Benke at 210-308-0004210-308-0004
Child Custody And The Best Interest Of The Child
As a firm that specializes in divorces, The Law Office Of Steven C. Benke handles many cases that involve children. Of course, any time there are children involved in a divorce, their best interest is always the number one priority.
One of the most frequently asked questions that we receive relates to what factors judges and advocates consider when drawing up child custody agreements.
Every case is different but, for the most part, officials consider the following factors when drawing up custody arrangements:
- The gender, age and health (mental and physical) of the child
- The mental and physical health of both parents
- Social and lifestyle factors of both parents, including whether there is a history of child abuse and other issues like whether the child will be exposed to secondhand smoke
- The parent’s ability to give the child appropriate guidance
- The existing emotional bond between the child and either parent
- The ability of either parent to provide for the child’s basic needs including food, shelter, clothing and medical care
- The established routine of the child (where they go to school, what activities to they participate in, what religious community are they member of, etc.)
- The quality of the child’s education (will they be better suited educationally living with one parent over the other)
- The physical and emotional impact of changing the status quo
- The child’s preference (usually if the child is older than twelve or so)
Again, it must be stated that the most important factor for determining a child custody agreement is the child’s best interests. Still, it is helpful to come to any meeting with your attorney prepared with any information that can help with the process.
Additionally, it is worth noting that the way that child custody is managed has changed substantially in the past 20 years. In the past, judges usually awarded custody to the mother. However, these days, most judges attempt to ensure that the agreement is as equal as possible. If you are a father who is concerned about your children’s best interests, be sure to contact a divorce attorney as soon as possible.
At The Law Office Of Steven C. Benke, we pride ourselves on our ability to design and implement a custody agreement that is both fair to the parents and in the best interest of the child. If you are going through a divorce, make sure that you trust your attorney with your child’s best interests.
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