When it comes to divorce, few issues are more important than child custody, and if you are currently seeking custody of your child, you should contact a seasoned Montgomery County child custody lawyer here at the Bolton Law Firm, PC today. Our firm has helped countless parents through the custody process for years, and we are ready to do the same for you.
Do I Need a Montgomery County Child Custody Lawyer?
Make protecting your children your top priority during your divorce; get custody of your child. If you have been the person who has cared for the child the most during the marriage, make sure you can continue to care for them after the divorce. You need custody. Your divorce decree needs to give you “the right to designate the permanent residence of the child.”
Important Information Regarding Child Custody in Texas
The divorce should be “fair” when assets are being divided. But when dividing a child’s time, or the right to make decisions for the child, don’t worry about what is “fair” for the parents. Worry about what is best for your child. Anytime the other parent tells you to be “fair,” that is a signal that they are thinking about the effect on them, instead of thinking about their child. Texas law requires that the judge divide the child’s time based upon “the best interest of the child”. Treating the parents “fairly” or “equally” is not a consideration. Most children do not view their parents as interchangeable.
Most divorces and child custody orders will say that the parents are “Joint Managing Conservators.” That is because no matter who the child lives with, you both continue to be parents. Both parents have the right to talk to teachers and doctors and attend events in the child’s life. Both parents should continue to be deeply involved in the child’s life. Almost all Texas parents can say that they have “joint custody”. That does not mean that they have a 50/50 split of the child’s time. Instead, it means that both parents continue to have parental rights, and significant time with their child.
Most parents are not 50/50 parents during the marriage. Why would they suddenly become 50/50 parents upon divorce? In most households, there is one parent that is more responsible for the child. There is one parent that makes sure that the child has clothes, and eats healthy meals, and gets to school on time. If the child is hurt or upset, who do they want to talk to? We call that parent the “primary parent.” If you have been the primary parent during the marriage, your child needs to live with you after the divorce. That is how you protect your child during your divorce. If you believe your children would be better off with you, do not hesitate to fight for them! Be sure that you get custody of your child.
The Difference Between Physical & Legal Custody
As previously mentioned, many child custody agreements are not 50/50. This is why it is so important that you understand the difference between physical and legal custody. They are as follows:
- Physical Custody: Physical custody deals with where the child will primarily live. The parent who receives physical custody of a child is sometimes known as the custodial parent. Though in a perfect world, 50/50 joint physical custody is achieved, wherein a child sees each parent for an equal amount of time and can depend on both parents to provide them with the same level of care, this is not always the case. More often, one parent will receive primary physical custody of their child.
- Legal Custody: Legal custody gives each parent the right to make certain critical decisions on behalf of their child. For example, having legal custody of your child will give you the legal right to have a say in where your child goes to school, the religion your child will practice, the medical treatment your child may receive, and more. This is why even if you do not secure physical custody of your child, it is imperative that you receive legal custody of your child. Our Montgomery County family lawyer is here to help ensure you continue to play a significant role in your child’s life.
Factors Considered When Determining Child Custody
Texas courts will consider a wide array of factors when determining your child custody agreement, however, as previously mentioned, their primary concern will be the best interests of your child. That being said, some of the most important factors that Texas courts will consider are as follows:
- The bond both parents have with the child
- Whether both parents can provide a safe, stable environment for the child
- Whether both parents can provide financially for the child
- Whether there has been a history of domestic violence, drug abuse, mental illness, or any other behavior that may potentially endanger a child
- The geographic proximity of each parent to one another
- How the custody decision would impact the child’s social life
- If the child is old/mature enough, whether he or she has a preference
Contact Our Montgomery County Child Custody Lawyer
Do not agree to a custody or possession schedule that you don’t think is best for your child. Your child’s best interests are paramount, and our experienced firm is ready to protect those interests at all costs. Contact the Bolton Law Firm, PC today to schedule your initial consultation with our firm.