McAllen Child Custody Lawyer

Assisting Clients With Child Custody Matters in Texas

Your child’s best interests are brought to the center of attention during a child custody case in Texas, which may be called “conservatorship” in court documents. The court will not want to assign any conservatorship to a parent who does not deserve it based on the evidence and stories brought to the court. If you do not take the proper steps to protect and preserve your parental rights, it is feasible your ex-spouse will take your child away by securing sole child custody.

Why Hire Us?

At The Christopher P. Cavazos Law Firm, PLLC, we work day and night to best represent our clients in child custody cases. Our family law attorneys in McAllen bring years of collective legal experience to every case, putting our heads together to figure out the right approach based on the unique circumstances of your divorce, your child’s needs, and your day-to-day life.

You can learn all about child support in McAllen by calling (956) 290-8911 or by filling out an online contact form.

Types of Child Custody in Texas

In Texas, the term "child custody" typically refers to two main areas: conservatorship and possession. Conservatorship deals with decision-making authority, while possession relates to the physical time spent with the child.

As your McAllen child custody lawyer, we work with you to understand your unique situation and pursue the custody arrangement that serves your child's best interest.

Conservatorship

Conservatorship refers to the legal rights and responsibilities of a parent in relation to making decisions for the child. There are two types of conservatorship:

Joint Managing Conservatorship (JMC): This is the most common arrangement in Texas. Both parents share rights and duties in making major decisions about the child’s education, healthcare, and general welfare. Joint managing conservatorship does not necessarily mean equal time-sharing but signifies shared responsibilities.
Sole Managing Conservatorship (SMC): In rare cases, one parent may be granted sole managing conservatorship, meaning that parent has the exclusive right to make decisions regarding the child’s welfare. Sole conservatorship may be granted when it is in the child's best interest, typically in cases involving abuse, neglect, or other serious concerns.

Possession and Access

Possession refers to the physical time a parent spends with the child, commonly known as visitation. The standard possession order in Texas ensures that both parents have access to their child, although the amount of time may vary depending on the specifics of the case. Courts typically aim for a balanced schedule that allows both parents to maintain a relationship with the child, but the precise arrangement can be influenced by factors such as the child’s age, work schedules, and geographic location.

Establishing Child Custody in Texas

Factors Considered by the Court in Child Custody Cases

In Texas, family courts prioritize the best interest of the child when making custody decisions. To determine what is in the best interest of the child, the court will consider several factors, which can include:

The emotional and physical needs of the child
The child’s relationship with each parent
The child’s preference if the child is old enough and mature enough.
Each parent’s ability to co-parent
The stability of each parent’s home
Any history of abuse or neglect

A McAllen child custody lawyer from our firm can help ensure that all relevant factors are properly presented and considered during your case, protecting your parental rights and advocating for your child’s best interests.

Collaborative Approaches to Child Custody

Not all child custody cases require lengthy litigation. If both parents are willing to cooperate and communicate, mediation and other collaborative methods can be effective ways to resolve custody issues outside of the courtroom. Mediation involves both parents meeting with a neutral third party to negotiate the terms of a custody agreement. If you and the other parent can come to an agreement through mediation, the court will typically approve the arrangement as long as it is in the child’s best interest.

Collaborative law is another option that allows parents to work with their attorneys to resolve custody disputes in a cooperative manner. This method emphasizes respect, open communication, and the goal of reaching a mutually beneficial outcome.

Modifying an Existing Child Custody Order

Life circumstances often change, and as a result, child custody arrangements may need to be modified. If there is a substantial change in circumstances, either parent may petition the court for a modification of the custody order. Examples of situations that may warrant modification include:

A change in the child's primary caregiver
A significant relocation by one parent
A change in the child’s needs (e.g., medical issues or schooling)
A parent’s inability to provide a stable environment due to issues like substance abuse or mental health challenges
A parent’s refusal or inability to follow the existing custody order

To successfully modify a custody order, you will need to demonstrate that the change is in the best interest of the child. A skilled McAllen child custody lawyer can assist you in filing a modification request and can help ensure that the court has all the necessary information to make an informed decision.

Schedule a Consultation Today

The top concern of many people going through a divorce is whether or not they will win child custody. The thought of not being able to raise their child after divorce is understandably harrowing. Our McAllen conservatorship attorneys are dedicated to the best interests of your child and yourself. With our legal representation leading the way, you can rest confidently in knowing that your case is moving in the right direction.

We can begin talking about your child custody case today. Call (956) 290-8911 and ask for a complimentary case evaluation.

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He was fast, professional, and was clear on what he thought he could do for me.

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Christopher Cavazos is an excellent lawyer he always kept in communication with me and kept me updated at all times.

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He genuinely cared about me and my case.

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Clear, concise and thorough. I was told my worst-case scenario and I didn't get that.

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Mr. Cavazos has stayed on top of my case and we have been able to make a lot of progress.

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Meet Our Attorneys

Choose the Christopher P. Cavazos Law Firm, PLLC

Our McAllen attorneys directly handle each case we taken on, so you can rest assured you are getting the fully qualified help you need. Our attorneys provide invaluable insights from their years of experience, including that of working as a prosecutor. With our legal team on your side, you will be prepared at every step of your criminal defense or family law case. If you are seeking a legal team that is well-prepared to exploit any weakness in the prosecutor’s or opposition’s case, look no further than The Christopher P. Cavazos Law Firm, PLLC. We will work tirelessly to build the proactive defense or compassionate advocacy you need.