Award Winning Child Custody Lawyer in Frisco, and Dallas TX

IN CHILD CUSTODY CASES, EXPERIENCE AND SKILL MAKE A DIFFERENCE

Jeffery O. Anderson is Board Certified in Family Law With 29 Years of Experience Handling Child Custody Cases.

When access to your children is in jeopard or uncertain, you need a lawyer that will go to battle for you and your kids. Jeff Anderson is a family law attorney with the skill, experience and resources to fight for you and your children in court.

When you hire Jeff, you get more than representation. He will advise you throughout the entire process, and help you build a strategy to get what you deserve.

Schedule an appointment with Jeff Anderson today. We have locations in both Frisco, TX and Dallas.

Call (214) 273-2448 or use the form on this website to schedule your appointment.

What Custody Issues Do We Provide Legal Help For?

Enforce Custody Order
Modify a Custody Order
Child Custody for Children with Special Needs
Custody Support for Adult Children with Special Needs
International Child Custody
Getting Sole Custody of Your Kids
Custody Relocation if Moving
Grandparents Custody Rights
Fathers Rights
DNA Paternity
Adopting a Stepchild
Child Visitation Rights
Terminate Parental Rights
Special Needs Child Support

Texas Laws On Child Custody

In Dallas and Frisco, Texas, a family Court judge has broad discretion regarding the outcome in most child custody cases. With a few minor exceptions, the judge will make the final decision on who the children will live with, when parents will get visitation, who will pay child support, and how much.

In a child custody case, there will be many important factors taken into consideration. For example, there are many influences and variables that play a part in raising a child, which go beyond the parents. You also have siblings, grandparents, aunts, uncles, cousins, teachers, coaches, mentors…the list is extensive.

With the right attorney, you will be given sound advise and guidance. You will also protect your child, and you will not waste your time or money fighting a battle that cannot be won.

Below Jeff Anderson reviews everything you need to know about Child Custody cases in Texas, and specifically the Dallas and Frisco areas.

Types of Custody In The Texas Family Code

Texas Family Law Code defines different types of custody arrangements very specifically, with unique titles and documents for child custody cases in Texas. But don’t worry if you are unfamiliar with the lingo; as long as your custody attorney is well versed and experienced in child custody laws like Jeff Anderson you should be in good hands.

Joint Conservatorship, aka Joint Custody
Sole Managing Conservatorship aka Sole Custody
Possessory Conservator aka Non-custodial Parent
SAPCR aka Custody Lawsuit
Custody Modifications

Texas Uses The Term Conservatorship For Child Custody

Conservatorship is a term that the Texas Court uses instead of child custody, describing a person with rights and duties with respect to a child (including a right to possession). Typically a child’s conservator is a parent of the child, but grandparents can have parental rights including custody, along with other family members or relatives.

There are scenarios where a conservator can be someone else, e.g. a grandparent, an uncle, etc. This is why Texas courts use the legal term “conservator”, because it represents a potentially broad group of persons.

What is Joint Conservatorship (Joint Custody) in Texas?

In Texas joint conservatorship means the same thing as joint custody. After a divorce, custody rights in Texas start with determining conservatorship. A child’s conservator is the parent who makes the child’s most important daily decisions. The conservator decides where the child attends school, if the child will play sports, which doctor they will see, and hundreds of other important issues in the child’s life.

The Courts in Texas are strongly inclined to deem both parents as joint conservators unless there is a specific and compelling reason as to why this would not be possible. Unless the court decides that circumstances make it extremely difficult or impossible for the parents to make important decisions together, joint conservatorship is likely.

What is Sole Managing Conservatorship (Sole Custody) in Texas?

Sole managing conservatorship is basically the same thing as sole custody in Texas. If there are difficult or impossible circumstances preventing joint custody, a Texas court will decide that one of the parents is the sole managing conservator.

This means that the other parent will be the possessory conservator, or the parent with visitation rights. The child will almost certainly live with the parent with sole conservatorship and that parent will make all of the child’s important decisions.

Acting in the Best Interest of the Child

In a child custody dispute, the court’s number one objective is determining what is in the child’s best interests as it relates to how the parent-child relationship will be constructed going forward.

The court will make a determination with respect to custody starting with who it designates as “conservators” of the child.

Conservatorship in Texas law makes the presumption that both parents should, and will, play an active role in the daily lives of their child. No matter how badly you want to have your ex-spouse’s parental rights canceled, Texas family code makes that process difficult, besides a few specific situations.

Can the Court Enforce a Custody Order if a Parent Violates the Terms?

Yes! You will need to petition the court if there is a violation, and the court will enforce the custody orders.

If you are the custodial parent in danger of violating a custody order because you want to move or relocate, or a noncustodial parent wants to prevent the children from relocating, there are a few aspects you need to know about Texas law and processes.

Although there are no Texas statutes articulating standards in regards to custodial parent relocation, there are some general principles the courts will follow when deciding whether to grant or deny a petition for relocation or to enforce custody orders.

Can A Minor Be Required To Appear In Court During A Divorce?

Yes, anyone can be compelled to appear before a Court; giving testimony is another issue. A child can be called to testify or appear in family court in custody, divorce, or other cases.

If a person, minor or not, can understand the oath and answer questions, then he or she may be put on the stand. That does not mean a 7-year-old should be a witness, subject to examination and cross examination, and most Courts will look down upon the side that attempts to do such a thing.

If there is no other way to get the information that a child knows before the Court, then there are alternatives to putting him or her on the stand.

A motion may be filed requesting that the Judge speak to the child in chambers. If custody is at issue and the child is 12-years-old or older, then the Court is required to do so. If the child is under the age of 12, speaking to a child in chambers is discretionary.
Some Judges will have the child speak to a counselor or social worker, which will almost certainly allow for more comfortable surroundings.

In the end, an attorney may decide to put the child on the stand if the child can understand the oath. It may not be the best strategy, and it could cause the child significant emotional distress. Regardless, the rules do allow for it.

Is it True that Mothers Usually Get Full Custody in Texas?

No, this notion is not true by statute. Pursuant to the Texas Family Code, the Courts are to make their determinations without regard to sex or marital status. However, a judge may have a skewed perception or bias, which we cannot account for. After all, they are human.

What is a SAPCR?

In Texas, a lawsuit that involves the interest of a child is called a SAPCR, which stands for Suit Affecting the Parent-Child Relationship.

Any couple that is separating and has a child together, whether or not they are married, will fall under a SAPCR. This is the process used to determine which parent will have custody of the child, and the specifics of parental responsibility moving forward including visitation, financial obligations, child support, visitation, etc.

Don’t forget, the guiding principle in Texas regarding family law cases with children is to always act in the best interest of the child.

Modifying A Child Custody Order in Dallas and Frisco, TX

In Texas, a child custody, child support and child visitation order can be modified, which fall under a divorce decree modification. When an order is changed, it is called a modification suit.

Ultimately, to win such a modification, the parent seeking the change must show:

that there has been a material and substantial change in circumstances since the last order of the court or agreement of the parties and
that the requested change is in the child’s best interest.

If you think you qualify to modify child custody or would like to speak with an attorney and receive their professional opinion, give us a call.

Paternity Issues with Custody

In the case of unmarried parents, any dispute of child custody, child support and child visitation depends on the status of the father. Based on the dispute in question and the status of the father, the court will determine the next step. Establishing paternity through DNA testing is a popular choice, but sometimes paternity can be established by paperwork alone. Get in contact with us to learn more, and our attorneys can help you.

What are Domicile Restrictions?

Domicile restrictions are specific guidelines imposed by the parent without primary custody on where
the child or children can live. Although one parent may have the right to establish the residence of the children, that residence must be located within a certain geographic boundary. That boundary can be a school district, city, county, state or even country. Most often, the children’s residence is limited to a county or group of counties.

Over the past several years, domicile restrictions have become more and more popular. However, every case does not necessarily require a domicile restriction.

WHAT IS THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)?

The UCCJEA is a uniformed code that clarifies the jurisdiction of child custody and visitation suits.

When one party files a suit in Texas and the other party files in another state, the UCCJEA tells us where the case is going to be handled. Code sections are adopted by individual states, so each state has adopted a form of the UCCJEA. They don’t all look exactly the same, but most are very similar.

In simpler terms, a child custody or visitation case is filed in the “home state” of the child. The “home state” is defined as where the child has lived for six months or longer, though brief periods of absence are counted as part of that six months.

If the child hasn’t been living in a state for six months, then we look to the last state where the child lived for that period of time. If the child is less than six months old, then we look to the state where the child has resided since birth.

It is important to note a distinction: the UCCJEA addresses jurisdictional issues for custody and visitation, but not child support. Jurisdiction for child support issues are governed by the Uniform Interstate Family Support Act (UIFSA).

Emergency Jurisdiction On A Temporary Basis

So what do you do if you’re in Texas, your child’s home state is somewhere else, and there’s an emergency that needs to be handled right now , while in Texas? The UCCJEA has an answer.

If Texas doesn’t have jurisdiction because another state has it under the code, Texas can still exercise emergency jurisdiction on a temporary basis.

This is like putting a Band-Aid on the problem until the Court of the proper jurisdiction can hear the issues and make a determination.

This also means that if the proper state has already had a hearing, the emergency jurisdiction section of the UCCJEA will likely not be used to take temporary jurisdiction.

The reverse of all of this will also apply. If Texas is the proper state for jurisdiction, another state might be able to exercise emergency jurisdiction, but ultimately the case should be handled in Texas.

How A DWI or Criminal Charge Can Effect Child Custody During A Divorce

Whether you’re seeking joint or sole custody for the first time or are seeking to modify an existing visitation arrangement, you’ll be expected to demonstrate to a judge why granting custody or visitation to you is in your child’s best interest.

Like other criminal convictions, a DWI in Texas family law court is likely to be a black mark against your character, and a more recent DWI (or multiple convictions) can indicate a substance abuse problem that may also impact your perceived ability to care for your child.

If you have not been found guilty (conviction), your situation will be different, but you will want to consult an attorney, because your spouse may bring the arrest up to harm your character.

Visitation When Your License Is Suspended

For those whose driver’s license has been suspended (or permanently revoked) due to one or more DWI convictions, you should expect a uphill battle when it comes to joint visitation. This is due to judges do not like to place all the responsibility of visitation transportation on one parent.

The news isn’t all bad for those who have a DWI conviction. Because Texas treats conservatorship (often termed “custody” in other states) differently and separately from visitation, it’s possible to have visitation (and a regular physical connection with your child) even if your spouse is awarded sole conservatorship.

The important thing is to be able to show that the circumstances leading up to your DWI conviction have changed and that you’re committed to remaining sober and being the best possible parent to your child.

What should you do if you’re concerned about the impact of your DWI convictions on a custody matter?

There’s an additional wrinkle for those who were convicted of one or more DWIs in northern Texas, as it was recently discovered that a single lab worker may have mixed up multiple blood samples before or after testing, potentially leading to wrongful convictions (as well as mistaken exonerations) for thousands whose blood samples were processed there.

You might also find out that the breath test you were given was faulty, inaccurate, or otherwise invalid. If your conviction falls within the time period at issue and there’s a chance your blood sample could have been processed at this facility, you may want to see whether you can have your final custody hearing postponed until you can determine the likelihood of your DWI conviction being vacated or overturned.

This unusual situation, along with other unique points of Texas law, is why it’s crucial to consult an experienced attorney who is familiar with the nuances that drunk driving charges cause during custody cases in Texas. We have a network of trusted DWI attorneys across the state of Texas, which can be found here if you are facing a DWI while going through a divorce or custody battle.

Contact An Experienced Child Custody Attorney in North Texas

Child custody disputes can be extremely difficult. There is nothing more important than the health, safety and development of your children. Jeff Anderson is an aggressive, strategic, and compassionate lawyer who has handled hundreds of local and international custody cases. He will help put your mind at ease by crafting an effective legal strategy that you agree with and fully understand. If you have any questions about child custody in Texas, contact Jeff Anderson today!