For parents of minor children, one of the most difficult aspects of ending a marriage or relationship is determining child custody and visitation. As a parent, your children's well-being is of utmost importance and your time with them is precious. Other aspects of your divorce, like property division, child support, and alimony, are important primarily because of how they affect your ability to provide for yourself and your children after divorce.
At May and May, we understand how central your relationship with your children is to your life. We will work with you to reach a custody and visitation agreement that is in your children's best interests and protects your time with them. If this is not possible, we will aggressively advocate your rights.
In general, Texas law favors joint legal custody, which is also known as joint managing conservatorship in Texas. Joint managing conservatorship is favored based on the belief that it is typically beneficial for children to have a continuing relationship with both parents.
Joint conservatorship does not mean that both parents are entitled to exactly equal time with the children, but it usually means that each parent has equal input regarding major life decisions that affect the children, such as their medical care, schooling, and religious upbringing. While joint conservatorship is favored, courts may order sole conservatorship if they consider that to be in a child's best interests.
Although Texas courts prefer that parents reach an agreement about child custody and visitation, that is not always possible in a contentious divorce case. If parents cannot agree on custody and visitation, the court will make a determination after considering what is in the best interests of the child or children. The court takes into account a number of factors set forth in the Texas Family Code, including:
If parents cannot agree on a schedule for visitation, courts will often use a "Standard Possession Order" in which the children primarily live with one parent but alternate weekends, holidays, and school breaks between parents, and spend one evening a week and 30 days in the summer with the other parent.
If you are troubled by the thought of a judge who is unfamiliar with your family's needs deciding how you spend time with your child, you need to work with attorneys who will help you reach the outcome that works for your family.
The attorneys of May and May represent parents in Collin County and Denton County in child custody and visitation matters, including:
Attorney Marc May is Board Certified in family law by the Texas Board of Legal Specialization and has over 30 years of practice experience in family law matters, including child custody and visitation.
May and May serves clients in Collin County, Denton County, and the surrounding areas of North Texas. We invite you to explore our website and to contact our law firm to learn more about how we can help you.