During a divorce, child custody can be one of the most contentious topics for the spouses to address. There are two types of custody to keep in mind: legal and physical, and the way a judge determines custody in your case could shape your future relationship with your child and your involvement with major decisions.
Divorces can be complicated without guidance from a compassionate child custody attorney to get you through it. Establishing custody rights can be emotional, but you do not have to go through the process alone. A lawyer who is experienced with legal child custody in Frisco could be by your side, handling your issues in a sensitive way and not looking to start a fight where one does not exist.
Child custody is a legal term that refers to who has guardianship over the child, and it can be legal or physical. Legal custody includes a parent’s rights and responsibilities to make major decisions, like the child’s health care, education, extracurricular activities, and religious training. Physical custody has to do with where the child is physically living. Joint physical custody can be common, but it requires good communication and cooperation. An attorney in Frisco could help determine the legal child custody plan that most benefits all parties.
Child custody is also called conservatorship, and there is a rebuttable presumption that parents should be deemed joint managing conservators. This means courts automatically assume both parents should be allowed to participate in determining how to raise the child, however, that presumption can be rebutted by one of the parties when they disagree, usually with the assistance of evidence.
To determine appropriate conservatorship of the child, the court will use the “best interests of the child” standard. Many factors go into the determination of the best interests of the child, including a parent’s mental health, the child’s preference, and the stability of the home. One parent usually has primary physical custody, with a planned visitation schedule for the other parent.
Legal custody allows a parent to make decisions with long-term effects on the child’s life, and there can be sole legal custody or joint legal custody. The courts presume some form of joint custody is best for children, which means parents will share parental duties like making educational choices or medical decisions.
It is common to see joint legal custody so that both parents have equal rights and responsibilities over the child’s upbringing, but one parent may have final decision-making authority over major decisions when both parents do not see eye to eye. In addition, when the court finds one parent to be unfit, the other may have sole custody. An experienced attorney could provide useful advice about legal child custody in Frisco.
You and your child deserve to have a positive and clear outcome during a divorce proceedings. Sometimes legal child custody in Frisco can be solved through negotiation and mediation, so it is wise to hire a lawyer who could help you reach a beneficial resolution, whether through compromise or litigation. Contact our firm today to schedule a private consultation.
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.
