Resolving Child Custody and Visitation Disputes
The problem is as old as divorce itself — parents at odds over "custody" of the children. The Texas Legislature has tried to shift the focus from children as possessions that one party can "win" to an approach that centers on both parents spending time with the child.
But what if you just can't come to agreement on what's in the best interests of your kids? What if the other parent is still stuck in the old mindset or actively sabotaging your relationship with your child?
At Bill De La Garza & Associates, P.C., we are determined to find those elusive co-parenting solutions. We aim for a practical parenting schedule that works for Mom, Dad and the child. But our founding attorney is a formidable litigator when those avenues have been exhausted and there is no option but to have the court rule on custody arrangements.
Texas Custody Dispute Lawyers
Bill De La Garza has practiced in divorce and custody law for 35 years, and is certified by the state of Texas as a family law specialist. He strives to avoid a custody tug-of-war and to keep the focus on the needs of the child, no matter how the adults feel about each other.
He will sit down with you to explore the rights and duties of parents and how it might shake out:
- Traditional custody and visitation — The standard possession order assigns the child to live with one parent, and the other parent has access alternate weekends, some evenings mid-week and extra time for summers and holidays.
- Shared custody — The child spends equal or nearly equal time with each parent, without the labels of "primary conservator" and "non-custodial parent."
- Something in between — Mr. De La Garza excels at creative, lasting solutions that factor in parents work schedules, the child's activities and other realities. It could be a modification of standard custody that gives more "face time" with the child or a variation on shared custody that limits the bouncing back and forth between two households.
| Sole custody is granted very rarely, only upon substantiated evidence of the other parent's abuse, neglect or other endangerment to the child's well-being. |
Houston Contested Child Custody Attorneys
Upon a filing for divorce, a court will issue a temporary custody order. We make sure our clients are prepared for this critical hearing. The judge will usually go with the status quo, i.e. who has been the primary caregiver. If both parents are very involved in the child's life, it can go either way or perhaps the judge will order a shared arrangement.
If parents cannot agree on a long-term parenting plan, it will be up to a judge in formal contested proceedings. The court may appoint an amicus attorney to advise on the best interests of the child, and may order a forensic psychologist to conduct a custody evaluation of both parents. The judge may also consider an older child's preference regarding placement.
After initial custody has been determined, we can also step in to modify custody, to enforce visitation or to represent either parent in petitions to relocate the children.
Call us at 888-707-0064 or e-mail us to arrange a consultation at our Houston office.
