When a marriage or other relationship ends, the court must enter orders regarding how the parties will share their child. These suits are called Suits Affecting Parent-Child Relationship. If the parties were married this suit is joined together into the divorce cause of action. The Court must enter orders regarding the parenting plan for the child. The parenting plan must have orders related to the conservatorship (custody) of the child, possession of and access to the child and support of the child.
Child custody is one of the more litigated and emotional issues in a divorce because a child means the world to their parents. While courts generally have parents share in the rights and duties of parenting, how they share may look different from one family to the next. This is largely because not every case has the same facts and what works for one family, does not necessarily work for another family.
While the courts prefer that the parents coparent together, when possible, if the parents are not able to agree on the parenting plan, the court must determine what parenting plan is in the best interest of the child. Note that the court is looking at the best interest of the child, not necessarily what is “fair” to the parents. However, courts are told by the legislature that they are to try to involve both parents to the extent possible and as long as it is safe for the child.
Texas law provides some guidance to the courts in telling the courts what factors to consider and what presumptions to begin with. Also, every court limits the amount of time each parent gets to show the court why their parenting plan should be accepted by the court. This is why it is so important that you have an experienced child custody attorney prepare and present your case.
With 30 years of litigation experience and having gone through an intense custody battle herself, Robin R. Zegen knows what factors are important to the court and what each parent should consider when creating a parenting plan. She knows what the pitfalls are and how to best avoid the predictable challenges presented in each case. Call Robin R. Zegen today for a consultation and evaluation of your case.
Facing family law matters can be overwhelming, but you don’t have to go through it alone. Zegen Law Firm, PLLC is here to provide the legal support and guidance you need. Reach me out today to schedule a consultation and take the first step toward a brighter future for you and your family.
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