Ready to Help You & Your Children

Navigating the complexities of child custody can be an emotionally taxing and legally challenging process. At Cofer & Connelly, PLLC, our experienced Kerr County child custody attorneys are dedicated to providing compassionate and skilled legal representation to ensure the best possible outcome for you and your children. Understanding the intricacies of child custody law in Texas is crucial, and we are here to guide you every step of the way.

Contact us today at (830) 590-0589 to schedule an initial consultation.

What is Child Custody?

Child custody refers to the legal rights and responsibilities of parents to make decisions for and care for their children. This encompasses various aspects of a child’s life, including their living arrangements, education, healthcare, and overall welfare. In Texas, child custody is divided into two primary components: conservatorship and possession/access.

• Conservatorship: This term refers to the legal right to make important decisions about the child's life, such as their education, medical care, and religious upbringing.
• Possession and Access: This refers to the schedule and conditions under which each parent spends time with the child.

Types of Child Custody Arrangements

Child custody arrangements can vary greatly depending on the circumstances of each family. The most common types include:

• Joint Managing Conservatorship (JMC): In a Joint Managing Conservatorship, both parents share the rights and duties of raising their child. This arrangement encourages active involvement from both parents in the child’s life. However, it does not necessarily mean equal time-sharing. One parent may still have primary physical custody while the other has visitation rights.
• Sole Managing Conservatorship (SMC): A Sole Managing Conservatorship grants one parent the exclusive right to make significant decisions regarding the child's welfare. This is usually granted when the court determines that it is in the best interest of the child due to factors such as the other parent's absence, substance abuse, or history of family violence.
• Possession Orders: Possession orders outline the specific times each parent will have with their child. Texas courts typically follow standard possession orders unless the parents agree on a different arrangement or the standard order is not in the best interest of the child.

How is Child Custody Determined in Texas?

In Texas, child custody decisions are based on the best interest of the child. The court considers several factors to determine what arrangement will best serve the child's needs and welfare, including:

• Child’s Emotional and Physical Needs: The court evaluates each parent's ability to meet the child's current and future emotional and physical needs.
• Parental Abilities: Each parent's ability to care for the child, including providing a stable home environment, is scrutinized.
• Plans for the Child: The court reviews the plans each parent has for raising the child.
• Stability: The stability of each parent’s home environment and their ability to provide continuity in the child's life is a significant consideration.
• Child’s Preference: If the child is of sufficient age and maturity, their preference may be taken into account.
• History of Family Violence or Abuse: Any history of family violence, abuse, or neglect by either parent is heavily weighed in the court's decision.

The Legal Process of Child Custody Battles

1. Initial Consultation: The first step in a child custody case is to consult with a knowledgeable attorney. At Cofer & Connelly, PLLC, our Kerr County child custody attorneys will listen to your concerns, explain your rights, and outline your options.
2. Filing the Petition: To initiate a child custody case, one parent must file a petition with the court. This document formally requests the court to determine custody arrangements. The petition must be served to the other parent, who then has the opportunity to respond.
3. Temporary Orders: While the case is pending, the court may issue temporary orders to establish interim custody and visitation arrangements. These orders ensure that the child's needs are met during the legal process.
4. Mediation and Negotiation: Texas courts often encourage parents to resolve custody disputes through mediation or negotiation. This process allows both parents to work together, with the help of a neutral third party, to reach a mutually agreeable solution. Mediation can be a less adversarial and more cost-effective way to settle custody issues.
5. Court Hearings: If mediation is unsuccessful, the case will proceed to court hearings. Both parents present their evidence and arguments, and the judge makes a determination based on the best interest of the child. The court’s decision will be formalized in a final custody order.
6. Post-Judgment Modifications: Child custody arrangements may need to be modified as circumstances change. If there is a significant change in either parent's situation or the child's needs, a modification petition can be filed. The court will again consider the best interest of the child in making any adjustments to the custody arrangement.

Choosing the right attorney to represent you in a child custody case is crucial. At Cofer & Connelly, PLLC, we bring extensive experience and a deep commitment to our clients. Our approach is personalized, and we strive to achieve outcomes that best support the well-being of your child.

Call (830) 590-0589 or contact us online to discuss your case with our team!