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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.
- 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, and other important matters.
- Physical custody - refers to which parent the child will live with.
- Sole custody - is when one parent has full custodial rights over the child or children
- Joint custody - is when both parents share these custodial rights.
With previous experience as a social worker and a degree in Psychology, Attorney Camille R. Borg can advise parents on how to address or minimize liability for their actions during a custody case. She has handled many cases involving these contentious and emotional matters and has achieved numerous success for her clients.
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
Do I Need An Attorney For Child Custody In Texas?
While having an attorney for child custody in Texas is not legally required, it's generally advisable. Some custody cases can become bitter battles, and we highly recommend having a lawyer to help navigate the process.
What Makes a Parent Unfit for Custody 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:
- 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.
FAQs about Child Custody in Texas
- 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, and more.
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 we can work with you to establish or maintain your parental rights.
Clients Are Our Top Priority
They are exactly what I would hope for in a professional law teamJen G.
I highly recommend them to family and friends.Nick
Choose Camille Borgs Law Firm! YOU will not regret it!Alexis
Available & AccessibleWe make it a priority to maintain updated, constant lines of communication with the clients we represent.
Devoted Counselor at LawOur family attorney in McKinney, TX strives to bridge the gap between mental health and legal issues through the cases we handle.
Fearlessly Fighting for the UnderdogsCamille Borg Law PLLC has an extreme passion for championing the best interests of those who can't do it alone.
When You Hire Camille R. Borg, You Get Her.Rest assured that your case won't get passed down to a paralegal or associate when you entrust Camille R. Borg with your case.