Child Custody Attorney

Denton Child Custody Lawyer

At Tackett Legal, P.C., we understand that parents want what is best for their children. Our child custody lawyer Brian Tackett helps clients resolve custody issues by restructuring the family in a way that makes children the priority. We lessen the negative impact of divorce on children in any way we can, striving for reliable parenting plans that minimize disagreement and promote amicable relationships between the parents.

Determining Child Custody

Under the Texas Family Code, the court encourages agreement between parents to a divorce or child custody action. Collaborative law or negotiation through a child custody attorney is often effective in reaching out-of-court custody settlements. Nowhere is agreement more beneficial than with child custody issues. However, sometimes parties cannot agree. In such cases, the court will determine custody based on Texas statutes and case law.

A fundamental determination made during child custody proceedings is the primary parent the child will live with after a couple divorces.

Custody Factors Considered by the Court

The following list is not an exhaustive look at the things the court can or will review when determining who has primary custody. In 1976, the Texas Supreme Court created a list of appropriate considerations to be used when courts are called upon to decide custody issues. What follows is a restatement of the factors the Texas Supreme Court identified in Holley v. Adams (544 S.W. 2d 367):

1. The desires of the child.
2. The emotional and physical needs of the child now and in the future.
3. Any emotional and physical danger to the child now and in the future.
4. The parental abilities of the individuals seeking custody.
5. The programs available to assist these individuals in promoting the best interests of the child.
6. The plans each individual seeking custody has for the child.
7. The stability of the proposed homes.
8. Acts or omissions of a parent that indicate that the current parent–child relationship is not appropriate.
9. Any excuse for such acts or omissions.

Joint Custody

Courts favor joint custody unless they believe it is not in the best interest of the child. Joint custody allows the child to maintain an active relationship with both parents even though the child will live primarily with one parent. The Texas Family Code provides guidelines for visitation if parents cannot agree on a visitation schedule.

Child custody involves many factors. Tackett Legal, P.C. can help you work out custody arrangements that suit your family’s needs.

Child Support

During divorce, couples often arrange child support as part of a negotiated settlement out of court. When they cannot agree on terms, the court will determine child support payments based on the Texas Family Code. The Texas Family Code bases child support on monthly income and the number of children supported.

Texas Family Code Chapter 154 [http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm]

We explain child support guidelines and evaluate your situation to see how statutes apply to your case. We help you resolve child support issues through negotiation, collaborative law or, if necessary, litigation.

At Tackett Legal, P.C., we are sensitive to issues involving your children. Arrange a free consultation to get your questions answered and discuss your concerns. Our legal guidance can help you understand your rights and resolve your matters in a way that protects your interests and best serves your children’s welfare.

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Child custody firm Tackett Legal, P.C. serves clients in Lewisville, Denton, Decatur, Plano, Frisco, Carrollton and surrounding communities.