Llano County Child Custody Lawyer

What is Child Custody?

Child custody refers to the legal relationship between a parent and their child, including the parent's right to make decisions for the child and the duty to care for and provide for the child. In Texas, child custody is commonly referred to as "conservatorship." This term encompasses the various rights and responsibilities a parent or guardian has in raising their child, including where the child lives, the ability to make important decisions about the child’s education, health care, and religious upbringing, and the obligation to financially support the child.

Understanding child custody is crucial for parents going through a separation or divorce, as it directly impacts the future well-being and stability of their children. At Cofer & Connelly, PLLC, our experienced Llano County child custody attorneys are dedicated to guiding you through this complex process to ensure that the best interests of your children are protected.

Call (512) 991-0576 or complete our online contact form today to schedule a consultation.

Types of Child Custody Arrangements

In Texas, there are several types of child custody arrangements, each designed to cater to the unique needs and circumstances of the family. The primary types of custody arrangements include:

• Joint Managing Conservatorship (JMC): In a joint managing conservatorship, both parents share the rights and responsibilities of raising their child. This arrangement is based on the belief that children benefit from having both parents actively involved in their lives. While both parents share decision-making responsibilities, it does not necessarily mean that the child’s time is divided equally between them.
• Sole Managing Conservatorship (SMC): In a sole managing conservatorship, one parent has the exclusive right to make significant decisions regarding the child’s upbringing. The other parent, known as the possessory conservator, may have limited rights and responsibilities and typically receives visitation rights.
• Possessory Conservatorship: A possessory conservator is a parent who does not have primary custody but is granted visitation rights. This arrangement allows the possessory conservator to spend time with their child according to a schedule set by the court or agreed upon by both parents.
• Split Custody: Split custody occurs when each parent takes custody of one or more of the children. This arrangement is less common and typically only considered when it is in the best interest of the children involved.
• Temporary Custody Orders: Temporary custody orders are put in place during the divorce or separation process to establish immediate custody and visitation arrangements. These orders remain in effect until a final custody agreement is reached.

How is Child Custody Determined in Texas?

In Texas, child custody decisions are made based on the best interests of the child. The court considers several factors to determine what arrangement will most benefit the child's physical and emotional well-being. 

Some of the key factors include:

• The Child’s Wishes: If the child is 12 years old or older, the court may consider the child's preferences regarding which parent they wish to live with. However, the child's wishes are not the sole determining factor and must align with their best interests.
• Parental Abilities: The court evaluates each parent’s ability to care for the child, including their parenting skills, emotional stability, and ability to provide a safe and nurturing environment.
• Parent-Child Relationship: The quality of the relationship between the child and each parent is a critical consideration. The court looks at the level of involvement each parent has had in the child’s life and the emotional bond between them.
• Stability of the Home Environment: The stability of each parent’s home environment is crucial. The court assesses factors such as the permanence of the home, the presence of siblings, and the overall suitability of the living conditions.
• Health and Safety: The physical and emotional health of both the child and the parents is taken into account. The court ensures that the child will be placed in an environment free from abuse, neglect, or domestic violence.
• Willingness to Co-Parent: The willingness of each parent to support the child's relationship with the other parent is an important factor. The court favors parents who encourage and facilitate a positive relationship between the child and the other parent.

The Legal Process of Child Custody Battles

Navigating the legal process of child custody battles can be daunting and emotionally taxing. At Cofer & Connelly, PLLC, our Llano County child custody attorneys are committed to providing compassionate and skilled representation to help you through every step of the process.

1. Filing the Petition: The process begins with filing a petition for custody in the appropriate court. This document outlines the petitioner’s request for custody and provides essential information about the child and the parents.
2. Temporary Orders Hearing: A temporary orders hearing may be held to establish interim custody and visitation arrangements while the case is pending. This hearing ensures that the child’s immediate needs are met during the legal proceedings.
3. Mediation: Mediation is often encouraged to help parents reach a mutually agreeable custody arrangement without going to trial. A neutral mediator facilitates discussions between the parents to resolve disputes and find common ground.
4. Custody Evaluation: In some cases, a custody evaluation may be ordered by the court. A professional evaluator assesses the family situation and makes recommendations regarding custody and visitation arrangements based on their findings.
5. Trial: If mediation and negotiations fail to produce an agreement, the case proceeds to trial. Both parents present evidence and testimony to support their positions, and the judge makes a final custody determination based on the best interests of the child.
6. Post-Judgment Modifications: Child custody arrangements may need to be modified as circumstances change. Either parent can request a modification of the custody order if there is a significant change in circumstances that affects the child’s well-being.

Choosing the right child custody attorney is crucial to achieving a favorable outcome in your case. We bring a wealth of experience, dedication, and compassion to each case we handle. Our team understands the emotional and legal complexities involved in child custody disputes and are committed to providing personalized representation to protect your rights and the best interests of your children.

Contact us today at (512) 991-0576 to speak with our Llano County child custody lawyer.