Sugar Land Child Custody Attorney

Drafting & Modifying Visitation Schedules

Child custody and visitation are two of the most sensitive subjects involved in divorce or family law matters between two unmarried parents. The court typically tries to find an agreement that encourages both parents having an active role in the child's life whenever possible. If you and your spouse (or the other parent of your child) can agree on a custody and visitation schedule, you may be able to proceed uncontested. However, if you cannot agree on what's right, litigation will become necessary. Our Sugar Land child custody and visitation lawyer at Kutty Law Firm, PLLC is here to help you find the solution which meets your child's best interests.

How is Child Custody Determined in Texas?

Determining child custody in Texas will look different in every case as there are various factors the judge will consider. Ultimately, the goal is to meet the best interests of the child. Some things the judge will evaluate when determining the child’s best interests include:

• Which parent can care for the child best (both physically and emotionally)
• The living situation of each parent
• Which parent is the most capable parent
• How well each parent works with the other parent
• If a child 12 years or older has a preference
• If either parent has a history of abuse or domestic violence
• Whether or not there is one child or multiple children
• If there is a parent that was already the primary caregiver

Child custody cases can be complicated due to all the factors involved. If you have any questions, do not hesitate to contact our firm.

Types of Custody in Texas

When children are involved in a divorce or family law dispute, custody can become a major source of contention. In fact, many family law matters are dragged out for far longer than necessary due to disagreements regarding custody. Kutty Law Firm, PLLC seeks to help protect your parental rights and resolve your dispute as painlessly as possible and works to avoid unnecessary stress for your children and family.

The main types of custody are as follows:

• Legal custody
• Physical custody
• Sole custody
• Joint custody

What Is a Visitation Schedule?

Visitation is a complicated subject. In most cases, the parent who the child is not living with (the non-custodial parent) will have visitation rights and a schedule will need to be drawn up.

The topics that must be covered in a visitation or parenting plan include:

• How visits will take place
• How visitation may affect child support
• Where the child will go on holidays
• Where the child will go to school

Reaching an agreement is not always easy — sometimes it is not even an option. Our child custody and visitation lawyer at Kutty Law Firm, PLLC stands ready to assist you whether you negotiate the terms or have to go to court to reach a resolution. During any discussion of custody or visitation, the child's needs should be paramount.

When Can a Child Decide What Parent to Live With?

During child custody hearings, the court will determine which of these is in the best interest of all involved children. If the children involved are under the age of 12, only extenuating circumstances such as abuse, neglect, or a history of conflict will impact the court’s decision in this matter. When children are over the age of 12, their wishes, along with other factors, will be considered when determining which parent is awarded primary custody.

Allowing a child’s wishes to be heard does not necessarily mean a 12-year-old is empowered to choose his or her primary residence. However, the child’s wishes will influence the court’s decision and can play a role in determining which parent will maintain primary custody.

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