Protecting Your Parental Rights | Experienced Child Custody Attorneys on Your Side
Whether you’re only starting the divorce process or your divorce has long been final, if there are minor children from the divorce, they are your priority. You want what’s best for them, but you also want to know that you’ll play a meaningful role in their lives, that you’ll get to watch them grow and participate in their upbringing, and that you’ll get to be involved in making decisions about their well-being. If you’re lucky, you and your ex will come to an agreement that works for everyone. If you can’t, though, you want experienced, knowledgeable and compassionate child custody lawyers to help you resolve your differences. Bailey & Galyen can help.
At Bailey & Galyen, we have worked with men and women in divorce and family law matters for more than 40 years, handling child custody disputes across the state of Texas. We understand that the keys to a successful outcome are hard work, dedication and a commitment to listen, so that we have a clear idea of your needs. We strive to be available and accessible whenever you have questions or concerns.
To set up a meeting with a proven Dallas child custody lawyer, contact Bailey & Galyen online or call our offices at 972-449-1241.
Child Custody Laws in Texas
The Texas Family Code identifies the rights and responsibilities of all parents, affording mothers and fathers the same rights under the law. Under Texas law, when parents terminate a marriage and children are under the age of 18, both parents are presumed to be “joint managing conservators” giving them equal decision-making authority and responsibility for those minor children. That presumption, though, does not entitle the mother and the father to equal time with the children.
The parties to a divorce proceeding can agree on a custody/visitation plan without the involvement of the court but must submit a written agreement for the court’s approval.
How Is Child Custody Determined in Texas?
The guiding principle for determining child custody in Texas is “the best interests of the child.”
Types of Child Custody in Texas
The state of Texas recognizes two distinct types of custody/conservatorships:
- Joint managing conservatorship—When the court orders joint managing conservatorship, the parties are presumed to share all rights and duties of parenthood, though the court may grant one of the parties the exclusive right to make certain decisions, if the court determines that doing so is “in the best interests of the child.” The court order will typically identify both separate and joint powers and responsibilities.It’s also fairly common, with a joint managing conservatorship, for the court to give one parent primary physical custody and allow the other parent some level of visitation. The terms of visitation are customarily included in a separate court order referred to as a “standard possession order.”
- Sole managing conservatorship—Where the court determines that it will be in the best interests of the minor child, it may grant one parent the sole or exclusive right to make decisions regarding the welfare of the child. This authority commonly extends to decisions about:
- The child’s primary residence
- Any medical or dental care required by the child
- Where the child will attend school
- Any extracurricular activities in which the child may participate
- Any psychological or psychiatric care the child may need
- Who will be designated as a contact person in an emergency situation
As a general rule, when the court grants sole managing conservatorship, the court also gives that party the right to receive child support.
Important Factors the Court Takes into Account for Child Custody
When considering “the best interests of the child” the courts in Texas will look at a variety of factors, including:
- The nature and extent of each parent’s involvement in the child’s life during the marriage
- The extent to which each parent has demonstrated a willingness to cooperate with the other parent for the benefit of the child. This may also include consideration of specific instances where a parent has demeaned or criticized a parent in front of the children.
- The stability of each parent’s living arrangement—The court will attempt to determine whether a parent can provide a consistent and safe environment for the child.
- Whether either parent has a history of substance abuse, domestic violence or criminal activity
- How to provide meaningful continuity in the child’s life—The court will look for solutions that cause the least amount of interference or irregularity in the child’s daily life
- The child’s wishes—As a general rule, if the child is 12 or older, he or she may be interviewed by the court to determine preference
How Long Does a Child Custody Cases Take in Texas?
When parents can agree on issues, a custody agreement can be finalized within a couple months. However, if either parent contests custody or visitation, the process can take a year or more.
What Is a Suit Affecting a Parent-Child Relationship (SAPCR)?
A suit affecting a parent-child relationship, or SAPCR, is a legal proceeding in Texas to resolve issues related to custody, visitation, child support, medical and dental costs. Either parent may file an SAPCR to challenge or determine rights related to a minor child.
Common Child Custody Issues
The most frequent disputes related to child custody include:
- The initial determination of legal and physical custody, as well as visitation
- The enforcement of a standard possession order (when a custodial parent denies access of visitation)
- The rights of custodial and non-custodial parents to travel with a minor child
- Requests for modification of a child custody order
Can You Modify a Texas Child Custody Order?
Yes. The parties may agree to a modification but will still need to submit an order to the court, to be reviewed and signed by the judge. If the parties cannot agree, one party may file a motion to modify with the court. Hearings will then be held and the judge will make a ruling.
Why Choose Our Dallas Child Custody Attorneys to Resolve Your Dispute
At Bailey & Galyen, we have successfully worked with parents to resolve custody disputes in the Dallas area for more than four decades. We have a comprehensive knowledge and understanding of the law and process, as well as the courts and opposing counsel.
Got a Question? Schedule a Free Initial Consultation with Our Dallas Child Custody Attorneys
At the law offices of Bailey and Galyen, with offices throughout Texas, we work hard to ensure your total satisfaction with our representation. We will take your call 24 hours a day, seven days a week. Evening and weekend consultations may be arranged upon request. We will also travel to meet with you, if necessary.
To learn whether you qualify for a free consultation to discuss your child custody dispute, call our offices at 972-449-1241 or contact us by e-mail.
Bailey & Galyen Attorneys at Law – Dallas Office
2777 North Stemmons Freeway, Suite 1150
Dallas, TX 75207
Phone: 972-449-1241
