El Paso Child Custody Lawyer
Fighting for Your Child’s Best Interest
If you and your spouse or former partner have separated long ago, you may need to review custody and visitation laws if either of you has experienced a major life shift. For example, one of you may be planning to move or the other may have fallen on hard times personally or financially. Perhaps your children may have expressed a desire to live with one of you and not with the other.
Hall Law knows how important child custody is and how difficult these matters can be, especially when you are facing the stress of a divorce. We will fight for your child’s best interests and are compassionate advocates. You can rely on our family law firm in El Paso to guide you through the process so you can feel confident you are making the best decisions for your family.
Is Texas a Mother State?
Texas family laws do favor granting both parents access to the children, but that doesn't always happen. For example, a mother who is not married has sole custody of her child under Texas law. Unless a father can establish his paternity, she will have sole custody to make all legal decisions for her kid, including medical and educational conclusions.
How Hard is It for a Father to Get Custody in Texas?
A father must collect proof and present documentation of a history of physical, emotional, or sexual abuse, violence, neglect, or other intentional misbehavior by the other parent against the child. Although, there is a time restriction.
That's why we recommend working with a skilled El Paso child custody attorney who has experience with state laws. If you live in Texas and are the parent of minor children, it is vital you acquaint yourself with these state laws.
How to File for Custody in Texas
Parents can file a case in Texas if the child resides in the state or the kid resided in the state for 6 months before the case. They may also file if the child's parents have a connection with Texas besides physically living there, such as a job, or if evidence is available in the state concerning the child's care, education, etc.
A Parent Who Wishes to Commence a Claim Should Provide the Court With the Following Information:
- Kid's address
- Place where children have lived for the past five years
- Names and addresses of individuals whom the children has lived with for the past five years, along with the names and addresses of those who have claimed physical and/or legal guardianship of the children for the past five years
Can You Modify a Custody Agreement?
Child custody agreements can be modified in Texas, but only under certain circumstances. This may include if there have been significant changes since the original order was implemented, such as a remarriage that has impacted custody or an ailment that has impacted the parent’s ability to provide care. Additional grounds for modification can include if the primary parent has relinquished custody for 6 months or if the child is 12 or older and has specified their preference of which parent they wish to primarily reside with.
A Court Can Modify an Arrangement If:
- The court has the power to make an initial determination
- No other state court has the power to decide the case
- The court determines that the kid's parents do not live in another state
Parents Who Have Questions Should Speak With Our El Paso Child Custody Attorney By Calling (915) 529-0233 Today or Contacting Us Online.
What Does Conservatorship Mean in Texas?
Instead of referring to a parent's guardian as a "custodian," a Texas court refers to them as a conservator. A conservator has the right to inquire and participate in the child's health, education, after school activities, etc. They may attend school activities, be designated as an emergency contact on the child's school forms, or make decisions regarding the child's education, health or legal needs.
How Does Texas Determine Child Custody?
A court will give one parent sole custody of a child (sole managing conservator) or both parents joint custody (joint managing conservatorship). The court considers various factors in determining whether one or both parents will serve as a conservator.
These Include but Are Not Limited to the Following:
- Best interests of the children
- History of domestic violence in either of the parent’s residences
- Child's testimony (if they are over the age of 12)
Custody and visitation laws also encourage parents to work together to provide the most stable home for a child. Our child custody lawyers in El Paso are ready to help you navigate Texas laws on child custody.
Do I Need A Lawyer For Child Custody?
Your children are the most important thing to you, so it is crucial to take a custody case seriously. Hiring an experienced El Paso child custody attorney with a proven track record dealing with cases like yours is a good start. Additionally, a family law attorney can assist you through every obstacle of your legal family case.
Compassionate Client Service, Aggressive Courtroom Advocacy
Of key importance at our family law firm are all custody and support issues. Our lawyers handle these cases with the care and attention they deserve. We know that a successful resolution to any case involving children requires a dedicated and aggressive legal approach that is tailored to your unique situation.
An El Paso child custody attorney at our Texas law firm will take the time to evaluate the details of your case and devise a solution that helps you feel confident with the legal process. You can rely on our knowledge and experience for the peace of mind you need and deserve.
Hall Law can help you get familiar with guardianship and visitation laws in El Paso and create an agreement that works for your situation. Contact us today by calling (915) 529-0233 to speak to a child custody lawyer in El Paso, TX.
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