Get Compassionate Legal Advice From A Comal County Child Custody Attorney
In Texas, when parents separate or divorce, the law often assumes they will act as “joint managing conservators.” This means both parents are responsible for making important decisions about their child’s life. However, circumstances such as family violence or the absence of a parent can lead to one parent being named a “sole managing conservator.” This gives one parent the authority to make significant decisions about the child’s upbringing.
If you are facing child custody issues in Comal County, seeking legal guidance to understand your options and protect your rights is crucial. Lackey Law Firm, P.C., understands the challenges parents face. The law firm’s experienced child custody attorney is here to help simplify this complex legal process.
Creating Sustainable Co-Parenting Arrangements
In Texas, child custody is legally referred to as conservatorship. Families can choose a sole managing, joint managing or possessory conservatorship.
- Sole managing conservatorship grants one parent the exclusive right to make significant decisions for the child, such as those concerning education and medical care. The other parent, known as the possessory conservator, usually retains visitation rights.
- Joint managing conservatorship means that both parents collaborate to make decisions about their child’s life, sharing the responsibility. It’s like being co-captains of a team, working together to ensure their child is happy and healthy.
- If a nonparent makes all the decisions for the child, both parents can be possessory conservators. This means they both get to spend time with their child and have some rights as parents, but they don’t get to make significant decisions.
The child custody process begins with filing a case in the Comal County Court. It typically involves several steps:
- Filing a petition: One parent initiates the process by filing a petition with the court to establish custody arrangements.
- Serving the other parent: The other parent is formally notified of the petition and given an opportunity to respond. The court may issue temporary orders to set interim custody and visitation arrangements until a final decision is made.
- Mediation and negotiation: Parents may be encouraged to reach an agreement through mediation, which can lead to a mutually acceptable parenting plan.
- Court hearings: If parents cannot agree, the case may proceed to court hearings where a judge will consider evidence and testimonies to determine the child’s best interests.
Seeking the assistance of a family law attorney can be invaluable. They can guide you through legal complexities and ensure your rights are protected. This is especially helpful compared to the pro se route, where individuals represent themselves without legal support, which can save money but often leads to agreements that may not be in the best interests of you or your children.
Negotiating Custody Arrangements In Texas
When navigating custody arrangements, having a knowledgeable divorce attorney is crucial to effectively advocate for your interests and achieve a solution that benefits your child. Attorneys can use various resolution methods to negotiate on your behalf.
Through a collaborative divorce, both parties and their attorneys can cooperate to resolve custody issues without going to court. This method emphasizes open communication and problem-solving.
Mediation is another option for parents. A mediator is like a referee who helps both parents discuss things and find a solution for everyone. They do not take sides or make decisions for the parents. Instead, they help the parents have a calm and respectful conversation to figure out what’s best for their child without going to court.
In some cases, attorneys suggest arbitration, where an arbitrator reviews the case details and makes binding decisions on custody matters. This can be quicker than a court trial.
These options can appeal to couples who want to address shared parenting issues with reduced risk of conflict. They can also be practical for high-asset parents who are concerned about their financial obligations to their children. With the help of a lawyer, they can have an accurate picture of their business interests and assets, ensuring custody arrangements consider economic realities and obligations.
Contact A New Braunfels Custody Lawyer
As a Super Lawyer and a certified mediator, Alicia Lackey understands the legal needs of parents in Texas facing child custody issues. She provides honest and personalized legal services to parents in New Braunfels and throughout Comal County, offering compassionate advice and deep roots in the Comal County legal community.
Call Lackey Law Firm, P.C., at 830-997-9250 or fill out this intake form to learn the best custody arrangements for your family. Schedule your confidential consultation today.