While it is preferable for child custody discussions to be friendly and drama free during a divorce, that does not always happen. The likelihood of losing custody of your child is much too high to risk handling your divorce without assistance from an experienced child custody attorney.
For many people, there is nothing more important than their relationship with their children, which means mediation and negotiation may be the best route for a couple that has decided to split up. Consider hiring an attorney with an established record of helping their clients secure physical child custody in Frisco divorce cases, whether that is through negotiation or by a judge’s order.
There are two types of custody: legal and physical. Legal custody refers to a parent’s ability to make decisions about their child’s life, like where they go to school or medical choices. Physical custody refers to where the child lives, and the court will assign the child to live with one while the other parent may be granted visitation rights. Notably, sole physical custody does not automatically grant legal custody to that parent, so when you are seeking physical custody of your child, it is best to consult with a Frisco lawyer who has experience with cases like yours.
Custody is also known as conservatorship, and a parent with physical custody is known as the “possessory conservator.” Conservatorships can be carried out in different ways. Sole managing conservatorship is also known as sole custody. That means one parent has the main decision-making power regarding the child’s upbringing, like their school, religious affiliation, health care, and all other parts of their life. When there is a joint managing conservatorship (commonly known as joint custody), both parents have equal power in making those decisions, and both parents are expected to have joint custody unless one of them is shown to be unfit. When you are not sure which conservatorship would be best for you, it is best to consult a lawyer with experience in physical child custody in Frisco.
Judges conduct an analysis regarding the best interests of the child when deciding custody cases. Most courts prefer to grant joint custody because they recognize children typically need healthy relationships with both parents, but custody decisions are always on a case-by-case basis, meaning the court has a lot of room to determine what is best for the child and what is not. The judge will observe the conduct and attitude of the child and parents when deciding a custody arrangement. The judge will also try to assess the character of the parents through the information presented. The right evidence can sway a judge’s determination when you are seeking child custody.
When it comes to deciding between sole physical and joint physical custody between parents, the judge will assess several factors. No one factor is more influential than the other when a judge is determining child custody based upon the best interests of the child, and many relevant aspects can be taken into consideration, including:
When one parent is granted sole physical custody, the other parent may be required to provide child support to help maintain the child’s standard of living. A lawyer could help a parent get a fair chance at equal physical child custody in Frisco.
Divorces can be emotionally challenging, but they do not always have to be. You need an empathetic lawyer by your side who practices family law the right way and will not look to start fights where there are none. A dedicated legal team can build a strong case with the best chance possible at securing physical child custody in Frisco. Contact a lawyer today for a 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.
