When a parent separates from their child’s other parent, they might lose the right to see their child every day, which can be very hard to accept. Custody is often the most contentious matter in any divorce or separation agreement. If the parents cannot agree on a joint parenting plan, they might need to have a court decide on custody.

Our skilled child custody attorneys have extensive experience helping parents handle custody issues in a sensitive and amicable manner. We could represent your interests and help your family work towards a custody solution that works best for you, protects your children’s interests, and protects your relationship with your children. Call today to learn more about how we resolve common custody issues in Frisco.

Physical and Legal Custody Issues

Texas courts recognize two different types of custody: physical and legal. Parents can have both physical and legal custody, one type of custody, or they can have none.

Legal Custody

Legal custody, which is known as a managing conservatorship under state law, allows a parent to have input on important decisions in raising their child. Parents with legal custody can help determine where their child will go to school, whether their child will go to church, and what kind of medical care they will receive. Many parents whose children do not live with them still have joint legal custody and can have a say in deciding important factors in their children’s lives.

Physical Custody

Physical custody, which is known as a possessive conservatorship in this state, allows a parent to have their child live with them for all or part of the time. Physical custody issues also determine how much visitation a non-custodial parent has. Although less common, some parents have physical custody, which grants them visitation rights and can spend time with their children, without having legal custody.

To better understand possessive and managing conservatorships and how they might apply to your family, it is essential to speak with a seasoned Frisco attorney who has experience in handling common custody matters.

Joint or Sole Custody Issues

People who separate or divorce must also determine whether both parents will have joint custody or one parent will have sole custody. State courts generally prefer both parents to remain in a child’s life, so they usually award joint conservatorships, so both parents can maintain their relationships with the child.

A Frisco court will only issue sole custody to one parent if the court deems the other parent to be unfit. To declare a parent unfit, a court would need to determine that they are unable to provide a safe environment. A parent seeking sole custody would need to provide evidence that the other parent had a history of abuse or neglect.

The judge determines custody issues based on what is in the best interests of the child. For instance, the court would consider the following factors:

  • Where the child lives now
  • The child’s physical needs
  • The child’s emotional needs
  • Both parents’ financial situations
  • What the child wishes, if they are old enough
  • Both parents’ proposed plans for raising their child
  • Both parents’ availability, such as their work schedules
  • Anything the parent might have done that makes them unfit
  • Support for the parent, such as whether the child has grandparents or neighbors nearby

An experienced legal team could help a parent gather evidence to support their interests.

Talk to a Frisco Attorney About Custody Issues

When you get divorced, parents need to resolve many different common custody issues in Frisco. One of our trusted attorneys could help you sensitively handle the important issues, so you reach a satisfactory resolution that works for your family. Call today to schedule a consultation and get started.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson