El Paso Child Custody Lawyer

Child custody and visitation issues are one of the biggest challenges for parents. At the Rosales Law Firm, we understand what you are going through, and we are here to help.

Our attorneys have experience helping parents in El Paso and throughout Texas with child custody and visitation matters, including disputes, modifications and parental relocation cases.

What is Child Custody?

Child custody refers to the legal arrangement regarding the care of a child following a separation or divorce. It comes in two forms.

Legal custody grants parents the right to make significant decisions about a child’s upbringing, including education, health care and religious practices. Physical custody, on the other hand, determines where the child resides and the day-to-day care they receive.

Types of Custody Arrangements

Custody arrangements include:

• Joint custody: Both parents share equal responsibilities in making decisions for the child, and the child spends significant time with each parent.
• Sole custody: One parent has full responsibility and decision-making authority regarding the child’s welfare, while the other parent may have limited or no contact.
• Shared custody: A hybrid arrangement that combines elements of joint custody with designated visitation times for the noncustodial parent.

Our El Paso child custody lawyers can help you understand how Texas laws apply to your specific situation.

The Child Custody Process

Navigating the child custody process includes the following steps:

• Filing a petition with the El Paso Family Court
• Temporary orders hearing
• Mandatory parenting classes and mediation
• The discovery phase to gather evidence
• Final hearing or trial if no agreement is reached

Factors that courts consider in custody decisions include:

• The child’s best interests
• The parenting capabilities of each parent
• The child’s preferences, depending on their age and maturity

The court’s primary consideration is always the child’s best interest.

Common Issues That Arise

Child custody issues may arise regarding:

• Parental conflicts affecting co-parenting
• Relocation disputes when a parent needs to move
• Child visitation schedule conflicts
• Enforcement of child support issues affecting custody arrangements

We work diligently to address these conflicts.

Frequently Asked Questions About Child Custody

Child custody issues are among the most concerning and emotional concerns parents may have. Learning more about the facts can help you better understand the path forward.

Is “conservatorship” the same thing as “custody” in Texas?

While many states use the terms “conservatorship” and “custody” for different legal purposes, Texas uses these terms interchangeably to describe a parent’s responsibilities and rights toward their child.

There are two types of conservatorship involving minor children. The first is joint managing conservatorship (JMC), which means that both parents share decision-making for their child’s education, healthcare and other major matters. JMC does not mean that parents automatically split child custody time. The custodial parent may have the right to decide where their child lives.

The other kind of custody is called sole managing conservatorship (SMC). SMC means that one parent is solely responsible for their child’s decisions and care. Although less common than joint managing conservatorship, there are many reasons why one parent might be given SMC, such as issues with family violence or addiction by the other parent or parental abandonment.

What is a “Standard Possession Order” (SPO)?

A standard possession order refers to the default visiting schedule Texas courts use to determine exchange times, alternating holidays, summer break and other considerations involving children. If parents cannot agree on an alternative schedule on their own, the court will typically impose the SPO.

At what age can my child choose which parent to live with?

Minor children have no absolute right to choose where they will live. However, Texas Family Code §153.009 requires the court to consider the child’s preferences once the child is 12 years of age or older. It is important to note, however, that the court will use the child’s stated preferences as only one factor among many when deciding what living situation is in the child’s best interests.

Can I deny visitation if the other parent isn’t paying child support?

No. Visitation is not contingent on a parent’s financial support and is a wholly separate issue.

Refusing to give the other parent visitation time with their child for not paying child support can lead to legal problems for you. You could even lose primary custody of your child as a result. If your co-parent is not paying their court-ordered support, you need to ask the court to enforce the support order by whatever means necessary.

How Rosales Law Firm Can Help

Our attorneys bring decades of courtroom experience to your custody case. We work closely with you to develop strategies that protect your parental rights while prioritizing your child’s well-being. Our focused family law experience means we understand El Paso family courts’ specific procedures and expectations.

Every case is unique, which is why we work closely with you to determine what steps to take to get the best result. We know this can be a frustrating and emotional process. We will guide you through everything so you know what to expect and how to plan for the future.

Facing a child custody dispute? Call 915-219-5516 or reach out online to schedule a confidential, no-obligation consultation with one of our skilled child custody lawyers. Trust Rosales Law Firm to provide the support necessary for your family’s future.