A divorce or separation can be extremely challenging, especially if the health and well-being of your children are on the line. If you’re dealing with challenges related to child custody in the Dallas area, it’s important to work with an experienced Dallas child custody lawyer who can help you fight for an arrangement that prioritizes the needs and interests of your family. Together, we can find solutions to help you and your children move forward with confidence.
At the Law Office of Michael P. Granata, our empathetic team understands the emotional and financial burdens that can arise during a child custody case in Dallas. Fortunately, we have decades of combined experience successfully helping individuals and families find agreements that foster well-being and safety. Whether you are an unmarried parent, divorcing your spouse, or going through a custody modification, we can help you defend your rights and interests.
Why It’s Important to Seek an Experienced Dallas Child Custody Attorney
According to the most recent U.S. Census Data, there are almost 3 million households in the Dallas–Fort Worth–Arlington metro area, with 63% of them being married couple households. There are still, however, 15.5% female-headed households and 6.4% male-headed households—indicating a significant number of single-parent homes where individuals may be working through child custody arrangements.
As over 109,000 women gave birth in the area in 2023, this increases the number of custody filings and parenting disputes that go through the Dallas County Family Courts. While these courts are known for making decisions based on the “best interests” of the child, it’s important to work with a skilled child custody attorney who can help you ensure final decisions or modifications are just, fair, and conducive to your family dynamics.
Understanding Child Custody in Dallas
The legal term for child custody in Texas is “conservatorship,” in which the custodial parent has the exclusive right to determine where the child will primarily live. The noncustodial parent, as a general rule, receives visitation rights, which is also known as “possession” under Texas law. When determining conservatorship, courts are prohibited from using gender as a factor, meaning that fathers and mothers have the same rights to their children under the law.
Starting a Custody Case
A custody case operates similarly to a civil case but with more of a focus on establishing parental rights and responsibilities. To establish a child custody case for divorcing parents, a Divorce Petition is filed. If the parents are not married, a Suit Affecting the Parent-Child Relationship (SAPCR) should be filed.
To ensure you are sufficiently safeguarding the role you have in your child’s life, it’s advised to work with a knowledgeable child custody attorney who can help you take the right steps.
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Child Custody and the Marital Residence
It is important to never leave your marital residence without having your child with you, even if you are separated and living in the same home. The Dallas County Family Courts could consider this to be an abandonment of your custodial rights. Should you feel unsafe living with your spouse or if your case involves domestic violence, an attorney can assist you with taking measures like getting a protective order to safely relocate or remain in the home with your child.
What Is in the Best Interest of the Child?
Custody decisions in Texas are driven by what the courts consider to be in the “best interests of the child,” determined by factors like:
- The child’s physical and emotional needs
- The ability of each parent to provide a stable environment and upbringing
- The child’s preference if they are of age
- The relationship the child has with each parent and each parent’s involvement
- The ability of the parents to effectively co-parent
- Which parent is taking charge of activities related to daily care, education, and health.
- Whether there is any history of substance abuse, neglect, or abuse in the family
At our firm, we have years of experience working with the family courts here in Dallas. We can leverage our deep knowledge of Texas family law and the tendencies of Dallas County judges to set your case up for success.
Protecting Your Custody Rights in Dallas
Matters pertaining to child custody are legally and emotionally complex. With thousands of custody filings each year in Dallas County, it can be easy to get swept up in the system. Our compassionate and detail-oriented legal team is here to keep you grounded by building a legal strategy based on court precedent, the Texas Family Code, and in-depth experience in Dallas County Family Court.
FAQs
Q: What Is the Difference Between Legal and Physical Custody in Texas?
A: The difference between legal and physical custody in Texas is significant. In the state, physical custody is referred to as possession and access, and legal custody is known as conservatorship. Possession and access indicate where a child lives and how much time they spend with each parent. Conservatorship refers to decision-making authority.
Q: Can a Child Choose Which Parent to Live With in Texas?
A: No, a child in Texas cannot directly choose which parent they want to live with. It must be ultimately determined by the courts. If the child is age 12 or older, they can express a preference to the judge, which may be taken into account. The final decision, however, is always based on what is considered to be the “best interests of the child” standard.
Q: What Is a SAPCR, and When Is It Filed?
A: A Suit Affecting the Parent-Child Relationship (SAPCR) is a type of legal case that is filed to confirm parental custody and visitation, rights, and child support if the parents of the child are not married to each other. A SAPCR is usually filed in the Dallas County Family Court during a modification proceeding or by unmarried parents.
Q: How Do Custody Arrangements Work for Children Under Age Three?
A: For children under age three, Texas law does not have a default visitation schedule—unlike that for children aged three to under 18. As a general rule, judges in Dallas tend to call for personalized possession orders that include more frequent but shorter visits to ensure early bonding is established with each parent.
Contact a Dallas Child Custody Attorney Today
If you are struggling with a child custody case, call the Law Office of Michael P. Granata today at 214-977-9050 or contact us online to schedule your confidential consultation.
