Child Custody Attorneys Collin County TX Families Count On Provide an Overview of Child Custody
When going through a divorce it is natural for parents to worry about the security and future of their children. Sometimes, parents try to stay married for the benefit of the child, but eventually come to the conclusion that a divorce is best for all concerned. People who are looking for legal help during often turn to child custody attorneys in Collin County TX from Scroggins Legal for representation during the divorce proceedings.
At Scroggins Legal, our child custody attorneys in Collin County TX fight for the rights of parents as well as protecting the best interests of the children. We are dedicated to providing quality yet compassionate legal services. Our attorneys make every effort to resolve even the most difficult child custody cases as quickly as possible.
As a parent, you may be worried about what will happen next. Early in the legal process the issue of child custody will need to be addressed resolved. Below we list answers to common questions many parents have about this process.
If the Divorce Goes to trial court, How Will Custody Be Decided?
The Court’s main consideration is based on what will be in the child’s best interest. Depending on the child’s age, the preference of the child may be considered as well. If an agreement has not been reached by the parties, the Court will make a determination on both conservatorship and possession and access. The presumption in Texas is that parents should be named Joint Managing Conservators of their children. It is important to remember that conservatorship deals with the right to make child rearing decisions regarding children, it does not mean that the parents will have equal time with their children.
Can Parents Agree on Child Custody and Thereby Avoid Going to Court?
Yes, if both parents can negotiate a custody agreement, they will not have to go through a lengthy trial. These agreements can be reached in a number of different ways. Thee parties can simply reach an agreement between themselves and have it memorialized in writing by their attorneys. An agreement my be reached in an Informal Settlement process which often involves a meeting between the parties with their attorneys present. Most commonly, agreements are reached in mediation. Though the court must approve the agreement prior to it being entered as a final orders finalization, it is rare that a Court will not approve an agreed parenting plan of the parties usually only a formality.
Can Someone Other Than the Parents Gain Custody of the Child?
Someone other than a parent may want custody of the child such as a grandparent, other family members or a family friend or foster parent. To be able to obtain custody, the first determination that must be reached is whether the person has “standing” to file a lawsuit or intervene in an existing lawsuit to obtain custody of the children. The laws regarding standing can differ depending on your relationship with the children, if the parents are still alive and many other factors. As such, you should reach out to a board certified* family lawyer at Scroggins Legal to discuss your rights in this scenario.
Do Grandparents Have the Legal Right to Visit with Their Grandchildren?
Grandparents rights are very limited except in limited circumstances. It is presumed that parents act in the best interest of their children. That includes making decisions regarding who their children visit or socialize with, including grandparents and other family members. In certain limited circumstances and grandparent might be granted access to the children. In even more limited circumstances, a grandparent may have standing to sue for conservatorship of a grandchild.
When You Need Child Custody Attorneys Collin County TX Offers
By hiring one of our child custody attorneys in Collin County TX at Scroggins Legal, you will have someone who will zealously represent you throughout the custody litigation process. Call us today to schedule your appointment with a kind, yet knowledgeable attorney. We are not afraid to use aggressive legal tactics if necessary in order to protect your legal rights as a parent. Do not hesitate to reach out today to find out more about how one of our child custody attorneys in Collin County TX can be of benefit to you.