Sole Legal Custody and Visitation

One of the most critical decisions that must be reached in any divorce settlement is what happens to the children. Dividing a family is never easy and can have long-term repercussions on both the parents and the children. The separation process can be difficult and heartbreaking. However, the best interests of the children should always come first. Sometimes it may not be possible or healthy for both parents to have joint custody of a child. If that is the case, it may take the skill of an experienced Woodlands child custody and visitation attorney to demonstrate to the court why a sole custody arrangement is preferable.

At BB Law Group PLLC, we are passionate about fighting for the rights of those who cannot stand up and speak for themselves. Children have rights, and those rights need to be respected and protected, especially during the difficult process of divorce.

If you are preparing for a divorce and want to ensure that you have the best chance possible at a favorable outcome for your child and their future, contact BB Law Group PLLC today. We want the divorce process to go as smoothly as possible for you so that you can get back to focusing on what really matters, raising your child. Call us today at (832) 534-2589 and let’s talk about why seeking sole legal custody of your child may be the best option for you.

What is Legal Custody?

The term “legal custody” refers to each parent’s ability to make important decisions regarding the care and upbringing of a child or children. Parents with legal custody of their child can decide about that child’s healthcare, schooling, and upbringing. In terms of the law, sole legal custody is a term that refers to only one parent being legally allowed to make decisions about the wellbeing of their child.

Visitation rights are different than custody rights. A parent may be able to visit and interact with their child without having sole legal custody. This means that while they can interact with the child and be a part of their life, they cannot make important decisions regarding the care of the child.

Sole Legal Custody

There are situations where a parent may wish to request sole legal custody of their child. In Texas, sole legal custody is often referred to as a sole managing conservator. The sole managing conservator often has the final say over the following:

  • The child’s primary residence
  • The child’s medical and dental care
  • Educational decisions

The right to hold or use child support payments for the benefit of the child

Generally, the parent who is the sole managing conservator will be the parent responsible for all legal, medical, and child-rearing decisions impacting the child’s life. Like other states, Texas courts tend to prefer joint custody arrangements in most situations. Many courts have begun to recognize the value of letting both parents have an opportunity to be a part of and enrich a child’s life. However, there are circumstances where a court may prefer to give one parent sole managing conservatorship.

Seeking Sole Legal Custody

When determining custody arrangements, the courts will always try to take into consideration what is in the best interests of the child. In many circumstances, the courts prefer that both parents be active participants in a child’s life. A joint custody agreement is also known as a joint managing conservatorship. However, this may not always be in the best interest of the child. When it comes to determining if sole custody is the best option for the child, the courts will often consider several factors, including:

  • History of domestic violence in the parents’ relationship
  • History of child neglect
  • Stability of each parents’ home environment
  • Parental abilities of each parent
  • Whether a parent has filed a false child abuse report
  • If the child is old enough, who the child prefers to live with

Other factors may also be taken into consideration when it comes to determining custody arrangements. If you believe that sole legal custody is in the best interest of your child, it is best to talk to an experienced family law attorney immediately.

Do I Need an Attorney to Seek Sole Custody of My Child?

In a word, yes. It is in you and your family’s best interest to seek the advice of an experienced Woodlands divorce attorney as soon as possible. Divorce can be a difficult and complicated process, and this is especially true in cases where children are involved. If you have reason to believe that your child would not thrive under a joint custody agreement, or would legitimately be in danger, the sooner they talk to an attorney, the better. A skilled attorney can help you begin the process of securing the evidence and information needed to show the court that sole legal custody is in the best interest of the child.

Securing an attorney that you trust is also beneficial if down the road you need to make modifications to a child custody agreement, modifications to visitations, or help to enforce the court’s final custody agreement.

Let Us Help You, Call BB Law Group PLLC Today

The process of divorce can be frightening for a child. However, it can also be frightening for the adults involved as well. When you are holding your little one in your arms, the only thing in the world you can think about is keeping them safe and happy. If you are considering divorce, let the experienced legal team at BB Law Group PLLC help you keep your precious one safe and in your arms.

Our team is dedicated to protecting your parental rights and giving your child the best opportunity possible at staying in a loving and stable home. You don’t want your child to grow up with visitation or custodial rights that you didn’t agree to. Protect yourself and your family today; contact our compassionate Woodlands child custody lawyers at (832) 534-2589 to talk with a skilled attorney about your situation.

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