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7 Reasons Lawyers Are Crucial When You’re Fighting for the Custody of a Child

Jul 8, 2021 | Child Custody

Fighting for custody of a child is always a stressful and traumatic process, so you’ll need all the help you can get. In Sugar Land, TX, there are three crucial areas to consider when it comes to custody agreements: conservatorship, which determines your level of custody, your rights and duties toward your child, and the possession and access rules that regulate who can spend how much time with the child.

When you hire a lawyer, you’ll have the best chance of getting a favorable outcome and being able to spend a lot of time with your child. Not only does a competent attorney have knowledge of the local laws, but they can also help to reassure you throughout the process, come up with a plan for how you will provide for your child, and assist you with any changes you’d like to make to the initial agreement later on.

7 Reasons Lawyers Are Crucial When You’re Fighting for Custody of a Child

1. Help Determining Conservatorship

In Texas, “conservatorship” is the legal term for custody, and there are three possible outcomes. The most common status is joint managing conservator, which means that both parents share the decision-making process. This doesn’t mean that time spent with the child will be split equally, as one parent is usually still named the custodial parent and can decide where the child will live most of the time.

If it doesn’t seem reasonable that both parents should be a conservator, one party might be granted sole managing conservator status, and they can then make all of the decisions for the child. This can happen if there has been violence, abuse, neglect, absence, or substance abuse. The other parent is usually named possessory conservator and has some limited rights. A lawyer can help you to avoid this last status, so you can stay active in your child’s life.

2. Clarifying Everyone’s Rights and Duties

In many situations, more detailed rules are needed once the basic conservatorship status has been given. It has to be clear who makes the decisions about certain aspects of the child’s life, such as education, religion, and medical and dental care. When it comes to taking care of your child, you will have certain rights to make decisions, but also certain duties.

A great custody lawyer will be able to help you first determine what you want and then fight for your rights in court. They can draw up a plan with you and prompt you to clarify what’s most important to you, so the focus can be put on the most crucial aspects. For example, some parents are very concerned about their child’s religious upbringing. In such a case, your lawyer can help you to get the right to educate your child on religious matters.

3. Figuring Out Possession and Access Rules

The third crucial point related to child custody is possession and access. This determines how much time you will get to spend with your child and when you’ll be able to see them during a typical week. It might also include rules for special holidays and dates that are important to the family. Many people want to fight to be the custodial parent, which means that your child will live with you for the majority of the time.

If you’d like to gain custody, your lawyer can help you to lay out your case in a way that convinces the judge that you’re the best choice. However, even if you aren’t the custodial parent, you can gain good access rights by employing a lawyer. You might be able to spend time with your child every week or every second week, and they may even spend some holidays with you.

4. Specific Sugar Land, TX Knowledge

One of the main reasons why an experienced attorney is so important is that they will know all the relevant laws and regulations. There are some federal laws related to child custody cases, but Texas also has regulations specific to the state. That’s why you’ll need to hire a lawyer who works at an established firm and who has been practicing law in your local area for some time.

Before signing up with an attorney, check their credentials and background online. You should be able to find a detailed biography on the law firm’s website, so make sure to have a look at that. Ask yourself whether your potential lawyer has the necessary experience to help you, and what kinds of outcomes they have seen in similar cases.

5. Guidance and Reassurance Throughout

Aside from helping you to get a fair outcome for everyone, your lawyer can reassure you throughout this stressful experience. When faced with fighting for custody of a child in Sugar Land, TX, you might worry that you won’t have good visitation rights or that your spouse will gain full custody. You may also be concerned about your hearing date, particularly if this is your first time in court, and you’ll still be grieving the loss of your life partner.

By having an experienced professional by your side, you can eliminate some of that fear and worry. Your lawyer will have been through the process hundreds of times, which allows them to help you prepare. They can also advise you on how to best prepare yourself and what to say. You will have emotional support throughout the whole experience, which can take away a lot of the stress associated with such a large life event.

6. Planning How to Provide for Children

One of the main things you’ll have to prove is how you will provide for your children on your own. Divorce can be expensive for many people, and you’ll have to earn enough to keep both yourself and your child healthy if you gain custody. A great lawyer will go through your finances with you and figure out how you can demonstrate that you will have adequate means to take great care of your children.

 

7. Making Changes to the Custody Plan

Sometimes, your life or the life of your ex-spouse changes, and you might want to make some alterations to the original custody plan. For example, one or both parties may get married and have more children, lose their job, or have a significant change in income.
In some cases, the situation of the child changes, for example, if they are diagnosed with a condition or a severe illness that needs a different level of care. If you already have a relationship with a lawyer in your area, you can ask them for help with re-negotiating the custody plan.

 

In Sugar Land, TX, your best bet is to hire a competent lawyer when fighting for custody of a child. That way, you can be sure that all of the local laws have been considered and that you lay out your case in the best way possible. By getting the help of a professional, you can avoid a low conservatorship status and minimal access to your child. What’s more, you’ll have ongoing access to your lawyer in case you need to change the agreement later on.

To speak to one of our experienced family law attorneys, get in touch with us at Skillern Firm now. Matthew Skillern, John Schmude, and the team have years of local experience in child custody cases and will be able to help you figure out the best way forward.

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