Child Custody Issues

Dallas Family Law Firm Handling Custody Issues

Child custody, known under Texas law as conservatorship, can often be the most contentious issue that a couple will have to contend with during a divorce. In Texas, the standard for awarding conservatorship is what will be in the best interests of the child or children, so in any child custody matter a parent will have to prove to the Court that the parent having custody of the child will be in his or her best interest. Conservatorship deals more with “rights and duties” related to the child. Where the possession schedule deals more with actual “custody” of the child.

Issues

Child custody and conservatorship involves more issues than just which parent will have custody of a child after a divorce. Other issues include things like:

  • Grandparent’s Rights, including visitation orders, gaining custody, or adoptions.
  • Termination of parental rights in cases involving sexual or physical abuse, drugs, criminal charges, lack of visitation, or failure to pay court mandated child support.
  • Modification of court orders such as child support orders, visitation orders, and custody orders.
  • Issues involving a parent moving out of the area.
  • Paternity testing to establish parental rights or support obligations.
  • Loss of child custody to Child Protective Services (CPS).
  • Step-parent adoptions.

Moving Out Of State

If a custodial parent wants to move out of state, or out of the country issues beyond Texas family law must be taken into consideration, and the attorneys in these matters must be familiar with conflict of law rules, and both Federal and in some cases international child custody statutes, such as:

  • Uniform Parentage Act (UPA)
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
  • Parental Kidnapping and Prevention Act (PKPA)
  • Uniform Interstate Family Support Act (UIFSA)
  • Hague Convention on International Child Abduction

Similarly, parents who have moved to Texas from other jurisdictions sometimes need the assistance of an attorney to assist in getting out of area child custody orders enforced.

Grandparents’ Rights in Texas

Texas law grants the grandparents of a child a number of specific rights, including visitation, and the possibility of being granted primary custody if the Court feels that it would be in the best interests of the child. These kinds of rulings are more difficult to obtain as it is usually harder to meet the burden of proof, but like everything else when dealing with child custody issues it can be done if the party can show that it would be in the best interests of the child.

An Ever-Changing Area Of Practice. Texas Family Law

Family law in general is an ever evolving area of practice, and nowhere more so than in areas involving child custody. As social morays change the laws change as well, and possibilities that were not even suggested twenty or even ten years ago are now codified into Texas law or being ruled upon in the courts. The Dallas legal team at the Law Offices of Udeshi Clark and Associates are well versed in all aspects of family law and child custody issues; contact our offices today at (469) 914-5564 or online to see how our experienced legal team can help with your situation.