Do I need a Family Law Attorney when Child Custody is disputed?

Divorcing or ending a relationship is difficult enough without the complication of having to determine the custody of the children born to or adopted during the union. Considering how important it is to get child custody issues right, should you hire a family law attorney? The answer is an overwhelming yes.

Perhaps the most important area the family law attorney can help with is custody issues, especially where the parties disagree about who should have custody, who should be the custodial parent, or if the other parent should even have any custodial rights. They will help you to evaluate the situation practically and with the child’s best interest in the forefront. They will advocate for you to get the best possible custody arrangement and, if necessary, to enforce that agreement. They can assist with re-negotiating custody arrangements if one parent is looking to relocate and take the child with them.

A family law attorney can also assist the other parent work out a fair and enforceable possession schedule to ensure that the parent has consistent and meaningful access to the child. The attorney can also help determine how much child support the non-custodial parent can afford and how much support the custodial parent needs to take care of the child. In cases where there are child support payment issues, the child custody attorney can help with enforcing the child support agreement.

In making its child custody determinations, the court will be looking at factors such as home stability, the wishes of children ages 12 or older, each parent’s plan for raising the child and overall parenting ability, the emotional and physical needs of the child, and past issues that could affect a parent’s fitness. Your family law attorney will gather and present evidence to support your position and this could make the difference between a favorable and unfavorable custody arrangement. If the determination is not in your favor, your child custody attorney will evaluate your chances of success on appeal and if they are potentially favorable, will assist you in getting another shot at the apple.

In hiring a family law attorney, it is important to find one who has significant experience with child custody laws in Texas, child custody mediation, and crafting child custody agreements. They should also have a proven track record of advocating for both parent and child for the best possible outcome for everyone.

Charla D. Davies

Charla Davies is a family law specialist, Board Certified by the Texas Board of Legal Specialization.

She has experience in high conflict family law matters including, divorce, child custody, child support, and enforcement of court orders. In addition to her trial practice, she also practi...

Kristal Cordova Thomson

Ms. Thomson is a family law specialist, board certified in family law by the Texas Board of Legal Specialization. She focuses on divorces with complex or high net worth estates and complicated custody issues. Ms. Thomson has tried numerous cases, but is also highly experienced in negotiated settl...