Navigating child custody is one of the most challenging aspects of a divorce. Negotiating the division of time your children spend with each parent often leads to contested trials and tough mediation sessions. When considering a possession schedule, it’s crucial to explore various options, given the well-being of your child is at stake.
Every child custody plan comes with its set of pros and cons. In this blog post from the Law Office of Bryan Fagan, we will guide you through the benefits and drawbacks of joint custody after a Texas divorce. If this post raises any questions, feel free to contact our office for a no-cost consultation with one of our seasoned family law attorneys.
What is child custody?
Child custody defines the legal relationship between you and your child during a divorce, profoundly affecting your rights and responsibilities. It’s crucial to consider both the current and future needs of your child during this process. Helping your child gain every possible advantage is a key objective for many parents facing divorce.
Courts evaluate child custody through the lens of your child’s best interests. Key factors include their age, health, educational needs, and both parents’ ability to provide care. Sometimes, what’s best for your child may not align with your personal interests, presenting a challenging situation.
The outcome of your child custody case can vary widely. Possible arrangements include sole custody, joint custody, and shared custody. In sole custody scenarios, one parent assumes almost all responsibilities, such as making decisions about education and healthcare. Although not common, sole custody is a potential outcome.
Today’s focus is on joint custody, the most prevalent form of custody division in Texas. Joint custody allows both you and your co-parent to share the rights and responsibilities of raising your children. It requires you to look beyond personal differences for your children’s best interests and to understand court orders thoroughly to manage disagreements effectively.
Lastly, we discuss shared custody or split custody. This arrangement divides the calendar evenly, with each parent spending equal time with the children. Rights and duties are also equally shared. Successful co-parenting is vital in split custody, requiring both parents to coordinate efforts closely. Despite its theoretical appeal, split custody demands significant cooperation.
What are the different factors that could impact your child custody case?
The best interests standard plays a critical role in determining the outcome of your child custody case. It evaluates not only the child’s current needs but also what will be beneficial in the future. Remember, what’s best for your child might not align with your personal preferences. Many parents find this one of the hardest lessons in their family law journey.
The age of your child is a crucial, unchangeable factor influencing the custody arrangement. The needs of a three-year-old differ significantly from those of a sixteen-year-old. For instance, an infant may require constant care and even breastfeeding, while a teenager might not need daily contact with both parents.
Custody decisions often hinge directly on the parenting abilities of you and your co-parent. It’s not just about who earns more. ‘Soft’ factors, such as who the child depends on for daily care, assistance with homework, or medication administration, are also vital. Demonstrating that you have been a consistent caregiver can give you an advantage in these considerations.
Many fathers feel the custody system is biased against them. At the Law Office of Bryan Fagan, we often reassure dads that joint custody is frequently the starting point in custody cases. This understanding can relieve fathers who fear a disadvantage due to perceived biases in family law.
In family law, neither parent has an inherent advantage. However, the specifics of each case are crucial. Custody decisions are based on which parent has provided the majority of caregiving. If that’s you, you’re likely at an advantage; if it’s your spouse, they might have the upper hand.
It’s a misconception that working fathers are at a disadvantage compared to mothers in custody cases. While the law doesn’t discriminate, the daily responsibilities you take on can influence perceptions and decisions.
If you’re a dedicated father seeking more time with your children, contact the Law Office of Bryan Fagan. We excel in presenting your case compellingly and respectfully to the court. Our experienced family law attorneys are just a phone call away for a free consultation.
What does a CPS history have to do with it?
A history with Child Protective Services (CPS) will factor into a best interests determination. CPS investigates reports of abuse and/or neglect of children. If a report comes into CPS that your child was abused or neglected by you or that co-parent, then that history with CPS will be a crucial determining factor when it comes to assigning conservatorship rights and duties. This is especially true if the CPS history is recent- fewer than two years before the filing of your divorce or child custody case.
The specific findings are important when it comes to a CPS case. If CPS is unable to determine that abuse or neglect occurred, then the CPS investigation would not amount to much in the grand scheme of things related to your child. On the other hand, the specific nature of the abuse or neglect if a finding was made against you or a co-parent would matter a great deal. What we are trying to avoid is a circumstance where you have to answer to a judge about a finding that occurred many years ago.
To help your attorney in this regard, be sure to share information with him or her early in your case related to a CPS investigation. It is not enough to assume that your attorney will figure it out on their own. Rather, you need to be upfront and honest and your history with uncomfortable subject matter. This way you and your attorney can plan for anything that comes your way. Trust us when we say that your opposing counsel will certainly know about any history that you’ve had with CPS or anything else that is less than pleasant in your parenting past.
Would sole custody be an option in your case?
In family law, whether sole custody is suitable for your family largely depends on the specifics of your case. While sole custody is not typically a common outcome, many families end up with joint custody or similar arrangements.
When one parent has both exclusive physical and legal custody, this is known as sole custody. Often, parents approach us after being threatened with sole custody by their co-parent as a means of coercion. We typically delve deeper into these claims to assess if sole custody would be a viable decision by a family court judge. Often, it is not.
Sole custody usually indicates a one-sided co-parenting relationship. For instance, if you are the primary caregiver—taking your child to school, attending medical appointments, and helping with homework—sole custody may serve your child’s best interests. Even if the other parent has good intentions, their lack of physical presence can significantly impact custody decisions.
You might pursue sole custody if your co-parent is deemed unfit, for example, due to a history of substance abuse, unstable employment, or negative interactions with Child Protective Services (CPS). These factors could suggest that joint custody is not a suitable option.
Sole custody provides a stable and consistent living environment, particularly when safety is a concern, such as cases of past abuse or neglect by the other parent. It places you primarily in charge of decision-making. Establishing a clear and unambiguous court-ordered possession schedule is another advantage.
Furthermore, sole custody may be more effective if you and your co-parent have struggled to collaborate effectively. It takes two to co-parent effectively, and if your efforts aren’t reciprocated, showcasing your persistent yet unsuccessful attempts to co-parent can strengthen your case for sole custody in court.
Pros and cons of joint custody
What key insights can we gather from today’s discussion on joint custody? First, let’s examine the advantages of joint managing conservatorship in Texas. The state supports maintaining a child’s relationship with both parents. Joint custody facilitates this, allowing your child to frequently interact with both parents and adapt more smoothly to life changes. Additionally, both you and your co-parent will have equal input in raising your child, with neither having undue advantage over the other.
However, joint custody requires a harmonious relationship between co-parents. If cooperation is not your strength, you might need to develop these skills or consider alternative custody arrangements. Also, joint custody often involves frequent traveling between homes, which can be challenging over long distances.
Ultimately, choosing the best custody arrangement depends on your family’s specific needs. While your child may not be able to voice their preference due to age, or perhaps they are at the right age to express their views, the attorneys at the Law Office of Bryan Fagan are here to support you. Whether you aim for joint custody or a different arrangement, our experienced attorneys are ready to assist you in navigating your family law case.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family may be impacted by the filing of a divorce or child custody case.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
