the firm with a fresh perspective
Round Rock Child Custody Lawyers
relentless Child Custody Attorneys serving williamson county
A divorce settlement case is often a painful time no matter the circumstances. When children are involved, it can become even harder. How the children will be raised and by whom is now up in the air and the matter may even end up out of the parents’ control if they are unable to reach a negotiated settlement that fits the parameters of Texas law. Parents, already with a lot on their plate, need to know their Round Rock child custody lawyer will be deeply familiar with applicable law and be prepared to fight for a fair and just outcome.
Pennington Law PLLC serves both English and Spanish-speaking clients across Williamson County and Travis County. Call today at (512) 877-4384 or reach out online for a free consultation with one of our experienced divorce lawyers. Payment plans available.
Types of Child Custody in Texas
Custody can be awarded in one of two ways. There can be sole custody, wherein one parent has control. And there can be joint custody, where authority and control are shared. Texas law starts with the presumption that the best interests of the child are served by each parent having an equal say in the life of their child. If a parent believes they should have sole custody, the responsibility lies with their Round Rock child custody attorney to demonstrate why.
Furthermore, custody is split into two different categories. There is physical custody and there is legal custody. It’s possible for a parent to have sole custody in one area and joint in the other.
- Physical custody refers to where the children’s primary residence will be.
- Legal custody refers to decision-making authority on important areas of the children’s lives–like religion, education, and medical care.
It’s possible then, for a Texas court to conclude that the best interests of the child are served by one parent having sole physical custody (with visitation rights for the non-custodial parent), while joint authority is maintained for legal custody decisions.
The reason is this–the sole, overriding factor in all child custody decisions is what is the best interests of the child? The uniqueness of every single circumstance means that the best interests of the child might not always align with what each parent might consider fair.
A prime example might be: A divorce where one parent is going to keep the house the family has been living in, with the other parent buying a new home a short distance away.
- Under this scenario, both parents are responsible, and each have a reasonable claim to share joint physical custody. This might involve the kids trading off weeks or months at each parent’s house.
- But a court might conclude that the best interests of the child are having the stability of staying full-time in the same house that they’ve been living in.
In this example, we’re assuming two responsible parents, so the court will keep joint custody for legal decision-making, but award sole custody on the issue of where the children live.
How Does Sole Custody in Texas Work?
Sole custody in Texas, also known as sole managing conservatorship, grants one parent exclusive rights and responsibilities regarding the child's upbringing. In this arrangement, the custodial parent has the authority to make decisions about the child's education, healthcare, and general welfare without consulting the non-custodial parent.
To obtain sole custody in Texas, the custodial parent must demonstrate to the court that granting sole custody is in the child's best interests and that the non-custodial parent poses a risk to the child's safety or well-being. Factors such as the non-custodial parent's history of abuse, neglect, substance abuse, or criminal activity may influence the court's decision.
It's essential to note that even in cases of sole custody, the non-custodial parent typically retains visitation rights unless deemed unfit by the court. Additionally, Texas family courts generally prefer shared custody arrangements that allow both parents to play an active role in their child's life whenever possible. Therefore, sole custody is usually awarded only in situations where joint custody is not feasible or poses a risk to the child's safety. Consulting with a knowledgeable child custody lawyer in Round Rock, TX, like Pennington Law, can provide valuable guidance and legal representation throughout the custody process.
Contact Our Round Rock Child Custody Lawyers
Looking for expert guidance in Texas child custody matters? Trust Pennington Law in Round Rock, TX. Our dedicated team of child custody attorneys understands the complexities of family law and will advocate for the best interests of you and your child. Contact us today for compassionate legal support tailored to your needs
To speak to one of our Round Rock divorce lawyers about types of custody, contact us online here or call (512) 877-4384 to schedule your consultation with a child custody lawyer near you!
Getting Sole Custody in texas
There are unfortunate circumstances where one parent might struggle with issues ranging from addiction to excessive anger to simple negligence in parenting. The other parent understandably wants sole custody of their children, both physical and legal. This can be done, but the parameters of Texas law require that the other parent’s unfitness be proven in court.
Ways this can be done might come from tracking expenses. Is there a credit card showing consistent late-night purchases at a drinking establishment? Witness testimony is even more compelling. Friends, neighbors, and others in the community (teachers, coaches, etc.) who may be aware of the situation can give testimony in court, as can supportive family members. If the police ever had to be called, there will be a record of that which can be introduced .
Whether you’re a parent who believes the best interest of your children depends on your getting sole custody, or if you’re a parent who believes you are being unjustly accused with unfit parenting, you need a Round Rock child custody lawyer who will fight hard on every last piece of evidence. It’s those little pieces of evidence that add up to show the total picture for the court.
The Round Rock Divorce Law Firm with a Fresh Perspective
At Pennington Law PLLC, we believe it’s crucial that every case be approached with a fresh set of eyes. No two families are alike and that means no two divorce cases and child custody issues are ever exactly alike. Our studious legal approach means we’re up to date on the applicable law. Our creative thinking helps us get outside the box on behalf of our clients. And the fighting spirit of our family law firm means we’ll always press hard in the fight for a fair outcome.
From our Round Rock family law firm, we serve all of Williamson County and Travis County, English and Spanish-speaking clients alike. We offer free consultations and payment plans. Call Pennington Law PLLC today at (512) 877-4384 or reach out here online.
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