Child Custody FAQ

CHILD CUSTODY: YOUR QUESTIONS ANSWERED

Decisions about the care of minor children are by far the most emotionally charged issue in most divorces. A misunderstanding of where you stand in the custody arena can result in you being able to be far less a part of your children’s lives than you had hoped for. TheThe Eggleston Law Firm, designed this child custody FAQ page to provide answers to some of the most important questions clients have about how custody is determined.

COMMONLY ASKED QUESTIONS ABOUT CHILD CUSTODY

HOW DOES THE COURT DETERMINE CUSTODY AND VISITATION?

There are a number of factors that Texas divorce judges consider when allocating legal and physical custody, the primary one being the best interests of the child. Other factors can include:

• Level of cooperation between the parents
• Previous parental involvement in the child’s life
• Household stability
• Whether an agreement would provide consistency for the child
• Abuse or other criminal convictions on the part of a parent
• The child’s own wishes, particularly if they are older

All of these factors will be evaluated, and our attorneys can create a strong case for the level of parental involvement you feel is appropriate.

DO I NEED AN ATTORNEY TO REPRESENT ME AT CUSTODY HEARINGS?

Absolutely. Our firm’s lawyers begin their work with you on custody matters by looking at your case through the opposing counsel’s eyes. Judges have broad discretion in how they allocate custody and visitation privileges. It is essential to have someone on your side who understands the nuances of custody law and who can make a strong case for the custody situation you are requesting.

CAN I TAKE MY CHILDREN WITH ME IF I MOVE OUT OF STATE TO TAKE A NEW JOB?

Possibly, but parental relocation usually requires a modification of the custody plan. Some divorce decrees with joint custody place specific geographic limits on potential parental relocations. Our lawyers can help you negotiate a custody modification with the other parent related to the move or fight for your request if the other parents tries to block the modification.

WHAT CAN I DO IF MY EX IS PREVENTING ME FROM SEEING MY CHILDREN DURING COURT-APPOINTED TIMES?

After your divorce is finalized, the custody and visitation terms require mandatory compliance. They are not suggestions, so if the other parent is violating the terms of your decree, our attorneys can work with you to have the custody decree enforced. If there is a logistical issue on the other side that is interfering with compliance, or if you believe your children would be better served with a different agreement, we can seek to have the custody decree modified.

As a husband-and-wife law firm, we understand how critical your children’s well-being is to you. Bring all of your child custody questions to us at a free introductory appointment. Call us at 512-580-7017 or email us at help@lonestarlawfirm.com to schedule a meeting. Our attorneys work with families across Central Texas.