Consult with Peek & Toland Regarding Child Custody Laws
The parent or person who has legal custody of a child has the exclusive right to determine where the child will live. The other parent will typically have visitation rights, but his or her rights as the non-custodial parent are often limited. The fight to become the custodial parent is often stressful and complicated. It is vital for the well being of the child that both parents are treated fairly during the custody proceedings.
During the divorce process, emotions are hardly spared, and it is quite common for proceedings to get quite heated; however, it is important to maintain reason while resolving important family issues such as child custody. The compassionate Austin family law attorneys at Peek & Toland help clients find solutions to contentious disputes so that they, along with their family, can move on with their lives. To learn more about the family law services we provide, call (512) 474-4445.
Determining Custody in Texas
Under Texas Law, a custody proceeding can begin after two married parties file a Divorce Petition or two unmarried parents file a Suit Affecting Parent-Child Relationship (SAPCR). Filing either of these lawsuits is similar to suing for the potential custody of a child. Both parties involved will have to negotiate and fight for their right to be the custodial parent. During a custody proceeding, you will have to prove that it is in the best interests of the child for you to decide where the child lives.
Factors Affecting Custody
There are many factors that will be taken into consideration during a custody dispute. Some pertinent factors that may affect your case include, but are not limited to:
- The emotional and physical needs of the child
- The desires of the child
- The stability of the homes of both parents
- The parental abilities of the individuals seeking custody
- The physical and emotional needs of the child
- The physical and emotional dangers presented by the parents to the child
- The plans for the child by the individuals seeking custody
Unless there is a history of abuse, non-custodial parents typically receive visitation rights. A standard visitation schedule under Texas Law often includes the first, third, and fifth weekend of each month from the evening of Friday through the afternoon of the following Sunday. Visitation days may also include Thursday nights, alternating summer and holiday provisions, and spring break. For many, even standard visitation schedules feel inadequate.
Fighting for Your Rights
All custody disputes are unique to the parties involved. You may have to prove that you have created an environment that is conducive to the positive development of the child. You may have to show that you should be responsible for making decisions regarding where they will go to school, who is their doctor, and what types of food they will eat. You may have to prove that you have been the responsible parent or that you have been more involved in your child’s extracurricular activities. The most contentious disputes may even involve claims that you are unfit to parent because of your history of abuse or drugs.
Child custody is among the most contentious issues in a divorce case. The outcome of such a case could affect the future and well being of your children and also your own relationship with your children. You need all the counsel, guidance, and resources you can get during such a critical time. An experienced Austin child custody lawyer at Peek & Toland will be able to advise individuals going through this harrowing process about their legal rights and options.