How Does Child Custody Work?

Child Custody WorkThe end of any relationship can be difficult. When it is a marriage, the separation can be even more difficult, and this difficulty is magnified when you have children. When it comes to family law practice, even attorneys will agree that child custody lawsuits are the most difficult and emotional cases on which to work. The attorneys at Lucé Law understand the significance of the feelings that accompany marital issues, and they also understand Texas child custody laws. With this combination of insights into the personal and judicial aspects of child custody hearings, a skilled Plano child custody attorney is as close as Lucé Law.

For a number of years, Texas had a two-tiered custody arrangement, with one parent assigned as sole managing conservator and the second parent named the possessory conservator. However, since late 1995, Texas now strives to make a more equal distribution of the rights and responsibilities of custody arrangement, and the default arrangement is one in which both parents are named joint managing conservators. This tends to provide a more even arrangement for both sides, and the details of a joint managing conservatorship are produced via a joint effort from the judge and the parties.

However, even in child custody lawsuits that result in joint agreements, some interests cannot be divided. For example, one and only one parent’s home will be named the primary residence. Many factors influence the decision as to which parent’s home will be considered the primary residence, not least of which being a residency restriction. In a custody proceeding, the court does try to make arrangements that interfere with a child’s life as little as possible. Thus, the court may impose a residency restriction limiting primary residence consideration to a certain school district or county. Thus, if one parent lives inside the specified area and the other does not, the compliant residence will be much more likely to be determined to be the primary residence. Of course, in cases where that parent’s home is ruled to be a dangerous environment or otherwise inappropriate, exceptions can be made.

Child custody suits are complex, an hitting as few snags as possible is best for everyone involved. Speak to a professional at Lucé Law today to explore your options; call 972-632-1300 for more information.