Family Law FAQ

After a divorce proceeding, child custody is the next serious topic in the pipeline. Knowing who gets the custody of the child or children and the conditions of custody is an exhausting process. It is the court’s responsibility not just to be fair with the ruling but also to protect the child’s best interest. Child custody is both a legal and an emotional ordeal. If you’re a parent seeking custody, here are some answers to commonly asked custody law questions.

1. What are the factors considered for conservatorship, possession schedule, and primary residence of the child?

Each state and court will have its own factors to consider for the indicated variables. As for Texas courts, they are based on the precedent of Holley V. Adams (1976). Some of the guiding factors of the case include the desires of the child, emotional and physical needs and danger, parental abilities, the stability of home, and so on. All nine of the factors are non-exhaustive and the help of a child custody lawyer Austin is crucial.

2. Are mothers more likely to be awarded custody than fathers?

Aside from considering the “tender years”, courts also factor in the fitness of the parent to raise the child. Although most child custody cases may seem to end up with the mother gaining the custody, both the parents have equal chances of receiving full or partial custody. Both the father and the mother have equal stake based on their character and ability to care for the child.

3. Is custody only granted go to one parent?

No. There is a joint custody where both parents perform decisions in the consolidation of both parties’ opinions. Also, on this setup, the child will spend a substantial amount of time with both parents, although not necessarily equal. As long as both parents are fit and deemed to contribute to the child’s growth, a joint custody ruling is possible.

4. Who determines the right visitation terms?

Once a ruling on the custody is established, the parent who has the physical custody can raise his or her demands. This can result in more conflict if the custodial parent tries to deprive the other of visitation hours. At this point, the advice of a child custody lawyer Austin is needed.

5. Does it hurt my chance to get custody if I moved out and left the kid with the other parent?

Yes. The court may deem it as a sign of neglect and incapacity to be a fit parent. If you are to leave the familial home, it’s best to take the child along if you want to have the chance of landing the custody.

6. Are there special terms for gay or lesbian parents seeking visitation rights?

The judge’s community prejudices can affect the awarding of visitation rights to gay or lesbian parents. But in most states, sexual orientation isn’t a hindrance to secure visitation hours. It should not prevent nor give the gay or lesbian parent less of a chance to be granted visitation or custody rights.

A child custody proceeding is a sensitive process. It’s important to hire a child custody lawyer in Austin to increase your chance of gaining custody or fighting for reasonable visitation rights. Please contact the Law Offices of Robert R Kiesling to schedule a consultation.