Serving Smith, Gregg, & Rusk Counties
Finding the best child custody attorney for your specific needs is the first step in a custody battle. The most difficult cases from an emotional standpoint, are usually ones that involve children and custody or visitation issues. These cases can be extremely emotional for anyone involved. Children are the most important thing in your life and as such you must do whatever you can to protect your children’s best interest.
The Right Child Custody Attorney Can Make All The Difference
Sometimes in child custody or visitation matters, it is necessary to have an aggressive child custody lawyer. If the other parent is difficult to deal with or unreasonable when negotiating the conservatorship of the children, then a more aggressive legal approach may be necessary. When I use the term “aggressive approach” I am simply referring to a child custody attorney using all legal remedies available to them to reach the desired result. In no circumstance does an “aggressive approach” refer to a lawyer who loses their temper or raises their voice in court to attempt to intimidate the opposing party. In my opinion, it does no good for an attorney to conduct themselves in this manner as a judge or jury will usually view this conduct unfavorably. You must choose an attorney who not only has the experience to take a case to trial if needed but also has the willingness to do so.
How Custody & Visitation Disputes Begins
Custody disputes can begin in one of two ways. First would be that a parent has a real concern that their child would be in some type of danger or the other parent’s ability to care for the children. The second reason and far too common is that a person is simply mad at their spouse. In any instance, a qualified child custody attorney is needed to fight to protect you and your children’s rights. Depending on which circumstance you are facing will be a deciding factor on what approach will be best for your custody or visitation case.
Child Custody Involving Drug or Alcohol Abuse
Additionally, in custody cases, there may be issues with drug or alcohol abuse on the part of a parent, which may make it necessary to dispute custody to protect the child. This type of case would be the prime example of needing an aggressive child custody attorney who will be able to request the judge to order the necessary drug and alcohol testing. When a judge orders alcohol or drug testing for a parent the order will most likely include both parents to submit to the testing. If substance abuse is a concern your lawyer should also speak to you about your options of requesting supervised visits and substance abuse counseling. Being a child custody attorney in Tyler I have unfortunately seen numerous cases where drugs or alcohol is a factor.
Types of Child Custody in Texas
In the Texas Family Code, there are two types of child custody they are known as sole managing conservatorship and joint managing conservatorship. These types of conservatorship refer to the parent’s rights and duties to make decisions for the best interest of the child. If both parents are fully capable of making the appropriate decisions for the child and there are no concerns for the welfare of the child then most likely a joint managing conservatorship will be ordered by the court. If a judge feels that it is in the best interest of the child then they may make one of the parents sole managing conservator of the child. A family law attorney will discuss both options with you and how they will affect your rights as a parent.
Modification and Enforcement of a Court Order
As a Child Custody Attorney in Tyler, I represent clients in Smith, Gregg, and Rusk Counties involving modification or enforcement of a final order. Sometimes a modification may be needed if the current custody or visitation schedule is no longer in the best interest of the child. Many factors may come in play when determining the best interest of your child. If the other parent is refusing to follow the court orders regarding the child then the enforcement action may be the best course of action. In many cases, both a motion to enforce and modification will be filed in your case. Your specific circumstances will determine the best course of action to take on your case.
Preparing To Meet With A Tyler Child Custody Lawyer
When meeting with a child custody lawyer you should bring any pertinent documents that you have. Prepare a list of any concerns that you have about the other parent, and include any dates of specific events that have happened. Create a list of questions you have about the legal process. Family Law can be confusing to a person who has never been through anything like this before. Your family law attorney should take the time to thoroughly explain your case to you along with your options. After meeting with your lawyer you should feel confident that your case will be handled correctly to ensure a positive outcome for you and your children. If you need to set up a consultation to discuss your family law matter please contact me to see if I can assist. You can also check out my FAQ page.