How Can a Family Law Attorney Help With Custody Disputes?

A family law attorney is the right choice for helping you protect your rights and your children in a custody dispute. Read on to learn more about how we can help.

How Can a Family Law Attorney Help With Custody Disputes?

By Clarifying the Terms and Jargon

In Texas, child custody is legally referred to as “conservatorship.” The Texas Family Code uses this term to describe the legal rights and responsibilities of a parent regarding their child. There are two types of conservatorship, and they are not necessarily linked:

Managing Conservatorship

This refers to a parent’s right to make important decisions about the child’s life, such as those regarding their education, medical care, and religious upbringing. A managing conservator can be either sole (one parent) or joint (both parents sharing decision-making responsibilities). In some cases, if the court finds neither parent fit to make these decisions, a third party could be given managing conservatorship.

Possessory Conservatorship

This term is used for the parent who has visitation rights, but who may not be permitted to make significant decisions about the child’s welfare. Even if they have no managing conservatorship rights, they usually still have the right to access the child’s medical and educational records.

Additionally, what other states might call “visitation” is known in Texas as “possession and access.” This outlines the schedule and conditions under which each parent spends time with the child. Your lawyer will help you understand how all these terms apply to your case.

By Delineating Your Rights and Options

Custody disputes arise when parents cannot agree on the living arrangements and decision-making responsibilities for their children after separation or divorce, and these conflicts can be emotionally charged to the point where it’s difficult to even know where to start to defend your rights or push back against another parent you believe is a real danger to the children. An attorney can help you understand clearly what your rights are and all the options available to you under Texas law.

Through Legal Guidance and Representation

Obviously, one of the primary ways any attorney assists a client is by bringing expert legal advice to the table and combining this advice with the unique circumstances of your case. They interpret the relevant laws and statutes, clarify how they apply to your situation, and help you make good strategic decisions throughout the process.

In addition, the attorney represents you in all legal proceedings. They will draft and file the necessary documents, communicate with the opposing party’s counsel, and advocate on your behalf in court. Their expertise ensures that your case is presented effectively and protects you from unnecessary contact with the other parent and the stress of dealing with legal red tape.

Keeps You Compliant With All Legalities

The legal system involves all kinds of complicated procedures and strict deadlines, and an attorney manages these complexities on your behalf. They handle the preparation and submission of all required paperwork and ensures everything is both accurate and in full compliance with the (sometimes difficult) court rules. This is very important, as missing a deadline or filing incorrect documents or documents in the wrong way can tank your whole case.

Attorneys are also skilled in gathering and organizing evidence that can be used to support your claims. They’ll be able to get the school records, medical reports, and testimonies from witnesses who can attest to your parenting abilities so that you’re presenting a very well-structured case and have the best shot at a favorable outcome.

Mediation and Negotiation

Mediation is a process where both parents, guided by a neutral third party, attempt to reach a mutually agreeable custody arrangement. An attorney can represent your interests during these sessions, which is helpful in several ways. For one thing, having them present can reassure you and also provide a buffer between you and your ex-spouse. Your lawyer always makes sure that your voice is heard and that any proposed agreements are fair to you and will meet whatever legal standards the courts are likely to require.

In negotiations, attorneys aim to resolve disputes without the need for a contentious court battle. This approach can save time, reduce your legal expenses, and minimize the emotional stress on all parties involved: especially the children. Attorneys use their negotiation skills to find common ground and propose creative solutions that can address the concerns of both parents while prioritizing the child’s welfare.

Protecting Your Rights and Interests

Your attorney is your personal advocate, dedicated to protecting your legal rights. One of their primary jobs is to make sure you are not taken advantage of and that any agreements comply with state laws and court regulations. If the opposing party attempts to manipulate the situation, makes false allegations, or tries to threaten you, your attorney will be the one standing up for you and not allowing them to get away with it.

Emotional Support and Objectivity

Custody disputes are emotionally draining, and a skilled family law professional can offer not just legal assistance but also some emotional support. They have been down this road before with other clients and have an idea of what you’re suffering. They can also offer an objective perspective that allows you to make rational decisions rather than choices driven by anger or frustration.

Attorneys can also recommend resources, such as counseling or support groups, that they’ve seen clients have success with in the past, and this may help you to cope with the stress. And, of course, simply by taking care of the legalities, they remove a lot of the stress off your plate in the first place.

Ensuring Compliance with Court Orders

After a custody arrangement is established, your lawyer can help you with the court orders. If the other parent violates the terms, for example, by withholding visitation or refusing to follow the agreed schedule, your attorney can take legal action to enforce the order. They can file motions for contempt or request modifications to address ongoing issues. If your circumstances change, like you have a relocation, job change, or an alteration in the child’s needs, your attorney can help you present a good case for needing a modification of the custody agreement.

Keeping You Focused on the “Child’s Best Interests”

Your attorney understands what this standard means to the Texas courts and will have experience in aligning a client’s case to meet this standard. They help you understand what factors the court will consider important and tailor the details of your case to show the court how your desired custody arrangement serves these interests.

Managing Parental Alienation Issues

Parental alienation occurs when one parent attempts to undermine the child’s relationship with the other parent. This behavior can harm the child’s emotional health and is frowned upon by courts. If you suspect the other spouse is doing this to you, your lawyer can not only help you identify signs of parental alienation but also address them legally. Your attorney can present evidence of the issue to the court and then request interventions, like counseling or modifications to the custody arrangement, to protect the child’s relationship with both parents.

A qualified and experienced lawyer with knowledge of the Texas family law code and the local family courts is your best assets in a custody dispute. If you’re facing a custody dispute, contact Hoelscher Gebbia Cepeda PLLC in San Antonio, TX now. We don’t back down even from the most difficult cases, and we’re determined to get justice for every client we serve.