No one ever marries with the idea of going through a painful divorce at any point. When there are children involved, it becomes even more complicated and emotionally overwhelming. The last thing any of us want to face is a drawn out and often expensive custody battle. Sometimes, however, you have no choice but to fight for the best interests of your child with help from a child custody attorney. Ideally, two parents will come together for the sake of their children, even in the midst of a divorce.
The Courts prefer and the parties often sincerely want to protect the children and ensure they know they’re loved by both parents and that their relationships won’t suffer as a result of the divorce. Sadly, that doesn’t always happen.
There may be numerous reasons for fighting for custody of your children. Your spouse may be using illegal drugs or abusing alcohol. She may be alienating the children from you. Perhaps your former spouse is mentally or even physically abusive to you or your child. Sometimes, perhaps you are both good parents, both with solid careers and a safe home, but you both want to be the primary custodial parent, each believing he or she has more to offer your child. How are these disputes resolved? Hopefully, by agreement, But if not by agreement, the Court must make the decision after a contested trial. In Texas, that can be by trial by judge or trial by jury.
These days, fathers are seeking full custody more than ever – and in many instances, they’re winning. Often, it has more to do with the career choices of both parents and the working hours Mom and Dad have. It simply makes better sense for Dad to maintain physical custody. Other times, there are outside influences that make it safer for the kids to remain with their father. Sometimes, the other parent simply is not the best parent to have the children in her/his primary custody for various reasons.
Texas terminology can be a little confusing. “Conservatorship” is the term used in the Texas Family Code for custody. There is “Sole Managing Conservatorship” and “Joint Managing Conservatorship,” the latter of which is what people often call “joint custody.” The law rebuttably presumes parents should be named as “joint managing conservatorship”; however, while that can equate to equal possession, it doesn’t do so.. We get many calls from clients seeking “50-50” custody. We can help you get there.
Jon R. Boyd has seen many of these cases unfold and has worked tirelessly to guide fathers (and mothers) to a solution that keeps their children safer and in an all-around better environment. As mentioned, there is a presumption of “joint custody,” and many attorneys and others will try to discourage custody litigation or force you to settle the case. We understand those challenges and we understand that there are those times when only a court’s intervention can resolve the issue. We’re here to guide you as the legal process unfolds. Whether you are seeking full/primary child custody, joint custody or are simply looking to revise your current visitation/parenting plan, we invite you to contact our office today. Jon R. Boyd, with an office in Fort Worth, is a formidable partner as you seek to ensure the well-being of your children.