Child Custody

Every client ask “How do I win custody?” It is a fair question, after all, isn’t that the reason to hire a child custody lawyer. If you do not want custody, why spend the time and effort? Unfortunately, the question has no easy answer.  The Texas Family Code instructs the Judge that the primary consideration is the best interest of the child and then gives a set of criteria for the Judge to look at in deciding what is “in the best interest of the child.”  

Texas Family Code Chapter 153

Texas law is very succinct in the area of Child Custody:  (1) the Court/Judge must do what is in the best interst of the child; (2) he Mother and Father start every case on equal ground, with equal rights; and (3) a close continual relationship with both parents is best for the child unless one has shown that he or she cannot act in the best interest of the child.

Unfortunately, divorce prevents the child from living with both parents and therein lies the conundrum.  The Judge is left to decide where the child will live, with whom the child will live, and which parent will make the majority of parental decisions on a daily basis.

The crux of every Child Custody fight is that both parents want custody. Sometimes for the right reason and sometimes for the wrong reason. The law recognizes that when both parents agree, it must be what is best. When the parents cannot agree, the law will step in and this is where the custody fight begins. Chapter 153 of the Texas Family Code is the controlling law.

More Child Custody

Preparing for a Divorce or Custody Fight in Texas

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Allen family law attorney explains the mechanics of a divorce or custody suit in Collin County, Texas

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A Judge cannot punish your spouse during a divorce unless he or she has broken the law. If your spouse ...

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Modification – When it is Time to Change the Status Quo

Let the Child Custody Attorneys at Reeves Law Firm help you when it is time to modify your custody or ...

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Full Custody

Child custody involves the physical possession of the child and the right to make decisions for the child.

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Child Custody Navigation

Best Interest of the Child

Children have the right to expect and enjoy a safe, stable, non-violent home environment where they will have frequent, meaningful, ...

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Conservatorship

Texas refers to a person with a custody-based relationship as “conservators”. Conservators are generally the parents, but a conservator can ...

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How to Win Custody

How do I win custody of my child? Let´s face it, this is the most common question I am ...

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Texas Family Code Chapter 153

Texas Family Code – Chapter 153 CONSERVATORSHIP, POSSESSION, AND ACCESS SUBCHAPTER A. GENERAL PROVISIONS Sec. 153.001. PUBLIC POLICY.  (a) The public policy of ...

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Unmarried Parents Visitation

Even in a case in which the father’s identity is not in dispute, it is important to seek the ...

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