Child Custody Lawyer in Flower Mound
Prioritizing Your Needs & Your Child’s Best Interests
At the Law Office of Phillip M. Herr, PLLC, our legal team advocates for parents' rights and children's best interests in family law cases, including those involving child custody arrangements. We maintain a deep concern for our clients’ well-being.
Phillip M. Herr, Attorney at Law, is a former Associate Judge and Flower Mound child custody attorney with more than 16 years of experience and a background that includes numerous awards. He is prepared to help you find a favorable resolution to your child custody dispute, whether through negotiation or litigation.
Give us a call at (469) 314-9216 to request a consultation with Mr. Herr.
The Two Types of Conservatorships
In Texas, custody is referred to as conservatorship. A parent is then called a “conservator” rather than a “custodian.” Unless both parents can agree on the terms of a conservatorship, a family law judge will make the decision for them.
There are two main parenting arrangements: Sole managing conservatorship and joint managing conservatorship. The presumption under Texas law is that a joint managing conservatorship is in the best interest for the child.
Under a joint managing conservatorship, both parents have a role in their child's upbringing and have decision-making rights. Unfortunately, a joint managing conservatorship is not always possible – namely, when it conflicts with the best interests of the child.
A parent who is the sole managing conservator will have complete control over decision making for the child. In the event that a sole managing conservatorship is established, the other parent will likely be granted visitation rights.
Legal and Physical Custody
There are also two categories of custody that can be awarded differently depending on the situation in Texas.
Legal custody – This refers to a parent’s ability to make important long-term decisions regarding the child. This would include things like education, religious activities, medical treatment, etc. It’s possible for either one or both parents to be awarded legal custody.
Physical custody – Just as it sounds, this refers to where the child will physically live. Again this type of custody can belong solely to one parent or it could be shared between both parents.
How Are a Child's Best Interests Determined?
Although joint managing conservatorships are seen as ideal in Texas family law courts, the court will always carefully review a case to ensure that the conservatorship arrangements provide a safe and nurturing environment for the children involved.
When determining the best interest of a child in a Texas custody case, the court may consider:
- The child's desires
- The child’s physical and emotional needs
- Any dangers to the child's safety, including a parent's history of abuse, violence, or substance abuse
- Future plans for the child
- The stability of the home
- Programs available for assistance
- Parental abilities of each parent
Call Phillip M. Herr, Attorney at Law, for a Consultation Today
Reach out to us today to learn more about how our Flower Mound child custody attorney can help you navigate your case and fight for a favorable resolution that reflects your needs and your child’s best interests. We are proud to serve our clients with a tradition of excellence, backed by Mr. Herr's 15+ years of legal experience.
Schedule a consultation with a child custody lawyer to get started. Call (469) 314-9216 now.