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Arlington | Child Custody
Understanding Your Rights in Child Custody Matters
Arlington Child Custody Lawyer
When your child’s future and well-being are at stake, you need a custody lawyer in Arlington who understands both the emotional and legal complexities of Texas family law. Whether you’re facing a divorce, separation, or need to modify an existing custody order, our experienced attorneys are dedicated to protecting your parental rights and prioritizing your child’s best interests.
At The Law Firm of Wendy L. Hart, we help Arlington families create practical, court-approved custody agreements, resolve disputes, and navigate every step of the legal process with compassion and clarity. Let our team guide you through these challenging decisions so you can focus on what matters most- your child’s happiness and security.
Understanding Child Custody in Texas
In Texas, child custody is referred to as conservatorship. There are two primary types:
- Joint Managing Conservatorship (JMC): Both parents share decision-making responsibilities, such as education, healthcare, and religious upbringing. This does not always mean an equal split of physical time with the child.
- Sole Managing Conservatorship (SMC): One parent is granted exclusive rights to make critical decisions for the child, often in cases where the other parent is unfit due to abuse, neglect, or other serious concerns.
Physical custody (where the child lives) and legal custody (who makes important decisions) can be structured in various ways, including joint, sole, or shared arrangements. The primary custodial parent is the one with whom the child primarily resides, while the non-custodial parent typically receives visitation rights.
Legal Custody vs. Physical Custody
- Legal Custody: Involves the authority to make major decisions about the child’s upbringing, such as education and healthcare.
- Physical Custody: Refers to where the child lives on a day-to-day basis.
It’s common for parents to share legal custody while one parent maintains primary physical custody, ensuring both remain involved in the child’s life.
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Phone
(817) 842-2336
Address
200 W. Oak Street Mansfield, TX 76063
Business Hours
Mon - Fri: 8:30 am - 4:00 pm
Wendy has worked on two separate family issues I have had. She always provides sound advice and recommendations regarding family law. She will always be the first person I go to when I have a question or a problem.
– Darcy
Sole Custody and Full Custody: What’s the Difference?
- Sole Custody: One parent has exclusive legal and/or physical custody.
- Full Custody: Often used interchangeably with sole custody, but may refer specifically to both legal and physical custody being granted to one parent.
These arrangements impact parenting plans, visitation rights, and decision-making authority. Courts may award sole or full custody when it’s in the child’s best interest, especially if safety is a concern.
Parenting Schedules and Visitation Agreements
Texas uses the Standard Possession Order (SPO) as the default visitation schedule, giving the non-custodial parent about 40% of the time with the child and accounting for holidays, summer breaks, and special occasions. Parents can agree to modify this schedule or request changes in court if the standard plan doesn’t fit their needs.
Supervised visitation or supervised partial physical custody may be ordered if there are concerns about the child’s safety, ensuring safe and structured contact with the non-custodial parent.
Navigating Custody Disputes and Court Proceedings
A child custody proceeding in Arlington typically involves:
- Filing a Suit Affecting the Parent-Child Relationship (SAPCR)
- Gathering and presenting evidence
- Proposing a parenting plan
- Attending hearings in family court
The court issues custody orders based on the child’s best interests, considering each parent’s involvement, the child’s needs, and any evidence presented.
Preparing for a Custody Hearing
As a parent, you should be prepared for court:
- Collect relevant evidence (communications, records, witness statements)
- Develop a proposed parenting plan that prioritizes the child’s well-being
- Understand the judge’s criteria, which focus on the child’s best interests and each parent’s ability to provide a stable environment
Attorney Hart works with parents to ensure that they are prepared and ready for all custody hearings.
Impact of Abuse and Domestic Violence on Custody
Allegations or evidence of abuse or domestic violence can significantly impact custody arrangements. Courts may:
- Limit or deny visitation for the abusive parent
- Order supervised visitation
- Issue protective orders to ensure the child’s safety
The Role of Each Parent in Custody Decisions
- Custodial Parent: Primary caregiver, responsible for the child’s daily needs and major decisions.
- Non-Custodial Parent: Typically receives visitation and retains rights regarding the child’s education, health, and relationship with siblings.
Courts emphasize the child’s best interests and encourage both parents to remain active participants in their child’s life whenever possible.
Modifying an Existing Child Custody Agreement
A custody agreement can be modified if there’s a significant change in circumstances, such as:
- Parental relocation
- Change in employment
- Changes in the child’s or family’s schedule, such as a new school
- Concerns about the child’s well-being
The court reviews requests for modification to ensure any changes continue to serve the child’s best interests.
Custody and Divorce: What to Expect
During divorce, custody is often the most contentious issue. Our Arlington attorneys guide clients through:
- Creating cooperative parenting plans with former spouses
- Negotiating custody and visitation arrangements
- Advocating for your rights in family court
The Role of Family Law Attorneys and Law Offices
Choosing a skilled Arlington family law attorney is essential for:
- Providing legal advice and representation
- Negotiating custody agreements
- Preparing for court appearances
- Protecting your parental rights and your child’s best interests
The Law Firm of Wendy L. Hart supports families through every step, from initial consultation to final custody orders.
Third-Party Custody Considerations
In certain situations, grandparents or other third parties may seek custody or visitation, especially if there are concerns about parental fitness or paternity. Texas courts consider these requests carefully, always prioritizing the child’s welfare.
Compassionate Legal Support for Custody Disputes and Family Law Matters
When your family’s future is at stake, having an experienced Arlington child custody lawyer by your side can make all the difference. The Law Firm of Wendy L. Hart offers compassionate, knowledgeable legal support for parents navigating custody disputes, divorce, and complex family law matters. We are dedicated to protecting your parental rights and securing the best possible outcome for your children.
If you are facing a child custody dispute, need to modify an existing agreement, or require guidance through a divorce, Attorney Wendy L. Hart is here to help. Schedule a consultation to discuss your case and learn how our experienced attorneys can provide the legal support and advocacy your family deserves. You can call us at (817) 961-9402 or contact us online.
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