McKinney Child Custody Attorney

Protecting Your Child's Best Interests

In any divorce, legal separation, or case involving two unmarried parents, child custody issues are often the most heated. At Camille Borg Law PLLC, we understand the importance of maintaining your custody and being able to spend as much time as possible with your child. Whether you are a parent wishing to seek custody or your spouse is attempting to take full custody, we can help. Our lawyer knows how to navigate common and uncommon situations that can arise and can work with you to establish or maintain your parental rights.

Types of Custody in Texas

Legal & Physical Custody in Texas

Legal custody refers to the parent’s ability to make important decisions regarding the child. These types of decisions include types of education, extracurricular activities, religious preferences, medical choices, etc.

Physical custody refers to which parent the child will live with.

Sole & Joint Custody in Texas

Just as they sound, sole custody is when one parent has full custodial rights over the child or children, while joint custody is when both parents share these custodial rights. Sole and joint custody could apply to legal and physical custody separately, or one of them could apply to both.

If a parent is awarded sole physical custody, then the other parent will likely be able to get visitation rights if it’s in the best interests of the child.

How Is Child Custody Decided in McKinney?

Cases involving child custody are often the most difficult to navigate, especially when two parents or spouses do not agree on who should take care of the child. We strive to provide you with the honest guidance and representation you need to protect your child's best interests.

Child custody is typically decided by a judge in family court, based upon a variety of factors. These include:

• The child's age
• The relationship between the child and each parent
• The health and age of each parent
• Each parent's ability to provide for the child
• The amount of time each parent has to spend
• Any record of domestic violence
• Any record of drug or alcohol abuse

What is An Unfit Parent in Texas?

Generally defined, an unfit parent is someone who cannot or will not provide for the child’s best interests. This includes considering the child when making decisions or even in the daily habits of the parent’s life. In Texas, and unfit parent is someone who potentially could negatively impact the child’s development, both emotional and physical.

Examples of behavior describing an unfit parent include:

• Neglect
• Abandonment
• Abuse
• Addiction
• Uninterested in caring for the child

Child Custody Disputes & Enforcement

While it would be great if two parents could simply decide on a visitation schedule and propose this to the judge, this is often not the case. If you and your spouse (or the other parent of your child) have been fighting about a workable custody arrangement, we are here to advocate for you. We can also help you with enforcement if a child custody order was put in place and the other parent is refusing to stick to it.

Texas Child Custody FAQs

What is visitation?
Texas uses the term “possession and access” instead of visitation, but this is when the non-custodial parent can visit the child.

Can I refuse visitation if my ex-spouse does not pay child support?
No, visitation cannot be used as leverage for child support as they are two separate issues that the court decides.

Does Texas give grandparents custody and visitation rights?
Grandparents are not automatically granted custody or visitation rights. They would only be granted these rights if the court saw fit to do so based on the statutory requirements.

At what age can my child decide which parent to live with?
While a child is not able to be the sole factor when deciding which parent to live with, the court will consider the child’s wishes when he or she is 12 years old.

What is a parenting plan?
A parenting plan is important as it establishes the rights and responsibilities each parent will have regarding the care of the child. These matters include the child’s health, education, insurance, support, etc.