Serving Clients Across Texas
Frisco Child Custody

Frisco Child Custody Lawyers

Protecting Your Parental Rights in Collin County

When you are facing a divorce or a legal separation in Texas, one of the most important issues you will need to resolve is that of child custody and visitation. If you and your spouse are unable to reach a mutually agreeable arrangement, then you will have to leave the matter up to the court, which will decide on the basis of the best interests of the child. We understand the importance of the outcome and the impact that it will have on your relationship with your child, and we are here to help. Our Frisco child custody attorneys have more than 155 years of combined experience, and we are prepared to fight for you and your child.

Let us protect your parental rights and ensure your child's best interests. Call (972) 852-8000 or contact us online to schedule a consultation with our experienced Frisco child custody lawyers today!


Types of Child Custody in Texas

Under Texas law, child custody is referred to as “conservatorship," and it can be categorized into three main types:

  1. Joint Managing Conservatorship (JMC): In a Joint Managing Conservatorship, both parents share the rights and responsibilities of making important decisions regarding their child. This arrangement encourages active involvement from both parents in the child's life. However, it does not necessarily mean that the child will spend equal time with each parent. The court typically designates one parent the primary custodial parent, with whom the child primarily lives, while the other parent is granted visitation rights.
  2. Sole Managing Conservatorship (SMC): When one parent is designated as the Sole Managing Conservator, they have the exclusive right to make significant decisions about the child's welfare, such as education, medical care, and legal issues. This type of conservatorship is often granted when the court determines that having both parents share decision-making responsibilities would not be in the best interest of the child, often due to reasons such as a history of family violence, neglect, or substance abuse by one parent.
  3. Possessory Conservatorship: A parent who is not the managing conservator, either joint or sole, is often designated as the Possessory Conservator. This allows them visitation rights and access to the child according to a schedule outlined by the court. While the Possessory Conservator may not have the primary decision-making authority, they still maintain certain rights and duties towards the child, including spending time with them and participating in their upbringing.

Understanding these types of conservatorship is crucial for providing your child with a stable and nurturing environment while ensuring your parental rights are protected. If you need assistance navigating the complexities of child custody in Texas, our experienced Frisco child custody attorneys are here to help.

How Does Child Custody Work in Texas?

When determining child custody in Texas, the court will consider the best interests of the child. The Texas Family Code provides a list of factors that the court should consider when determining what is in the child’s best interests. These factors include:

  • The child’s physical and emotional needs
  • Each parent’s ability to meet those needs
  • Each parent’s plans for the child
  • The stability of each parent’s home
  • Each parent’s involvement in the child’s life
  • The child’s preferences, if he or she is at least 12 years old
  • Any history of family violence

Based on these factors, the court will make a custody decision that is in the child’s best interests. If possible, the court will award joint custody, which allows both parents to make decisions about the child’s life. The court will also create a visitation schedule that allows the child to spend time with each parent. In some cases, the court may award sole custody to one parent if it is in the child’s best interests. In this case, the other parent may still be granted visitation rights unless it would endanger the child’s physical or emotional well-being.

What Is the Mother's Right to Custody in Texas?

Many people mistakenly believe that a mother always has the right to custody of her child. However, this is not the case. Under Texas law, the court will always make a decision that is in the best interests of the child.

In some cases, this means that the mother will be awarded custody. In other cases, the father may be awarded custody. In some cases, the court may determine that it is in the child’s best interests to live with both parents. In this case, the court will create a visitation schedule that allows the child to spend time with each parent.

If you are a mother who is seeking custody of your child, it is important to remember that you will have the burden of proof. This means that you will have to prove that it is in the best interests of your child to live with you. An experienced child custody attorney can help you gather the evidence you need to prove your case.

What Happens If You're Not Married and Have a Child in Texas?

In Texas, if you are not married and have a child, you are automatically the child’s sole custodial parent. This means that you have the right to make important decisions on behalf of your child. You also have the right to spend time with your child. The father of your child does not have any rights unless he establishes paternity. If you are the father of a child and you want to establish paternity, you can do so by signing an Acknowledgment of Paternity. Once paternity has been established, you can seek custody or visitation. If you are the mother of a child and the father has established paternity, he can also seek custody or visitation. If you are involved in a child custody dispute, you should consult with an experienced child custody attorney. An attorney can help you understand your rights and options.

How a Child Custody Attorney Can Help

Navigating the complex landscape of child custody can be a daunting task, especially when emotions are running high. A child custody attorney can provide invaluable assistance to individuals who need to work out custody arrangements with their ex-spouse or partner. These legal professionals bring expertise and experience to the table, ensuring that your rights are protected and that the best interests of your child are prioritized. From guiding you through the legal process to advocating on your behalf in court, a child custody attorney can be an essential ally during this challenging time.

What Child Custody Lawyers Do to Help Parents in Need of a Custody Arrangement

  • Legal Advice and Strategy Development: Child custody attorneys provide tailored legal advice and help develop a strategy that aligns with your objectives and your child's best interests. They can inform you about your rights and obligations under Texas law and keep you updated on how recent changes in legislation might impact your case.
  • Mediation and Negotiation: A substantial part of the child custody process involves negotiation—whether it's with your ex-partner or their legal representation. Skilled attorneys can mediate these discussions to reach a mutually agreeable arrangement without the need for a contentious court battle.
  • Court Representation: If negotiations fail and the matter goes to court, a child custody attorney will represent you, presenting your case to the judge and advocating for your desired outcome. They will also handle the preparation and submission of all required legal documents.
  • Evidence Gathering: Lawyers will help gather the necessary evidence to support your case, such as documentation of your involvement in your child's life, your home environment, and your ability to meet your child's needs. This might include obtaining witness testimonies, compiling records, and gathering any other pertinent information that can strengthen your position.
  • Protecting Parental Rights: Whether you are seeking joint custody, sole custody, or visitation rights, attorneys work diligently to protect your parental rights. They understand the emotional stakes involved and strive to ensure that your relationship with your child is preserved and nurtured.
  • Post-Judgment Modifications: Circumstances change, and sometimes custody arrangements need to be modified. Whether you need to relocate, adjust visitation schedules, or address issues of non-compliance, a child custody attorney can help you file for modifications to existing orders to better reflect the new realities of your situation.
  • Emergency Orders: In instances where a child's safety and well-being are at risk, attorneys can assist with obtaining emergency court orders to provide urgent protection or adjustments to custody and visitation rights.

By employing a knowledgeable and compassionate child custody attorney, you can alleviate much of the stress associated with custody disputes and focus on building a future that supports and enriches your child's life.

Why You Should Contact O’Neil Wysocki P.C.

Choosing the right legal representation is crucial when dealing with child custody matters, and O’Neil Wysocki P.C. stands out as a top choice for several reasons. Our team of dedicated attorneys brings a wealth of experience, with over 155 years of combined legal expertise in family law. We are deeply familiar with Texas child custody laws and are committed to providing personalized legal strategies that prioritize the well-being of your child.

Our firm believes in strong advocacy combined with compassionate service, aiming to make a difficult time as manageable as possible for you and your family. By choosing O’Neil Wysocki P.C., you can be assured that your case will be handled with the utmost care and professionalism, ensuring both your parental rights and your child's best interests are thoroughly protected.

Take the first step towards securing your child's future. Contact O’Neil Wysocki P.C. today at (972) 852-8000!

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Frisco 7330 Stonebrook Parkway, Suite 100, MB #3,
Frisco, TX 75034
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Fort Worth 2630 West Freeway, Suite 218,
Fort Worth, TX 76102
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Houston 19 Briar Hollow Ln., Ste. 200,
Houston, TX 77027
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