Child Custody: Protecting Your Rights and Your Child's Best Interests
At Hiller Family Law Firm, we understand that both parents have the right to custody of their child, and courts generally prefer to support this right, barring any serious issues like abuse or neglect. Our goal is to help you navigate this complex process and achieve the best possible outcome for you and your child.
Understanding Child Custody in Austin
When parents separate, deciding on child custody is crucial. In Texas, custody is divided into two main types:
Legal Custody (Rights & Duties): This refers to the right to make significant decisions about your child's life, such as education and healthcare. Both parents can share legal custody.
Physical Custody (Primary Residence Conservatorship): This determines where the child lives. It can be awarded solely to one parent or shared between both parents, with a plan outlining the child's living arrangements.
Factors Considered in Child Custody Decisions
Courts prioritize the child's best interests when awarding custody, considering factors such as:
- The ability to provide a safe environment
- Evidence of abuse
- The child's relationship with each parent
Parenting Plans
After determining custody, parents usually enter into a parenting plan. This plan details expectations for both parents, covering aspects like the child's living arrangements and religious upbringing. Unlike a court-enforced parent order, a parenting plan is a mutual agreement often reached through mediation.
Factors to Consider When Making a Parenting Plan in Texas
A well-crafted parenting plan addresses any foreseeable situation that may arise. It allows both parents to be involved with their child and to know when they can expect to spend time with their child. While many plans are similar, every situation is different and the parenting plan should address any unique conditions.
- The Child's Needs & Age
- Physical Distance Between the Parents
- Primary Caretaker & Work Schedule of the Parents
- Child's Preference
- Holidays & School Breaks
- Child's Education & Extracurricular Activities
- Addressing Unfit Parents
If a parent is deemed unfit, custody may be awarded to the other parent or another party, with possible supervised visitation for the unfit parent. They may also be required to attend counseling and parenting classes. Regaining custody is challenging and requires proving that all issues have been resolved.
Do We Need a Parenting Plan if We Live in Different States?
Yes, a parenting plan is necessary even when parents live in different states. One state will have jurisdiction over the parenting plan although more than one state may meet the necessary criteria to have jurisdiction. In cases where more than one state could have jurisdiction, the state where a petition for custody is first filed is the state that will most usually have jurisdiction.
Parenting plans can be construed to address the unique circumstances that arise when the parents live in two different states. They may even restrict the ability of one parent to move the child without the permission of the other parent. The parenting plan will need to adhere to the guidelines of the state that has jurisdiction.
Do I Need a Parenting Plan During the Divorce Process?
Parenting plans are useful tools. If you are married but are in the process of getting a divorce, a temporary parenting plan is also useful. It can outline and establish expectations for you and your spouse. In doing so, the hope is that any bitter or contentious feelings may be contained.
To note, the temporary parenting plan may not be the final version, but it can give you an idea of what to expect. This allows you the time and space to make or negotiate changes to a parenting plan that may be mutually agreed upon and/or ordered by the court.
Why Choose Hiller Family Law Firm?
Our child custody attorney will review your case thoroughly, listen to your concerns, and outline the best course of action. We prioritize your child's best interests and work diligently to achieve a favorable custody arrangement. Trust us to guide you through this challenging time with professionalism and care.
Contact Us
Facing a child custody issue? Ensure your rights are protected with experienced legal representation. Contact Hiller Family Law Firm in Texas today at (512) 360-9100 or use our online form to schedule a consultation.