Child Custody & Visitation

El Paso Child Custody & Visitation Lawyer

Child custody and visitation rights are some of the most emotionally charged issues arising from divorce and post-divorce proceedings. Texas refers to child custody as "conservatorship," which gives parents legal rights and responsibilities in raising their children.

This issue can become contentious due to parents’ deep-seated emotions and concern for the child's well-being. The breakup of the family can be a traumatic event for children. Parents often worry about how this will affect their children’s emotional stability, and they can have significant differences in what they believe is the best custody arrangement. 

Turning to a skilled and trusted family law attorney is essential if you are facing a divorce or are involved in a post-divorce custody dispute. At Setra Law Firm, we are well-versed in Texas family law and its application in conservatorship cases. We work diligently to protect your rights and the best interests of your child(ren). Recognizing the sensitive nature of custody matters, we offer compassionate and dedicated legal representation in custody negotiations and in court before a judge. 

Contact us online or at (915) 221-9115 to request a consultation with our El Paso child custody and visitation attorney. 

Overview of Texas Child Custody & Visitation

Texas Family Code Chapter 151 defines the rights and responsibilities of parents regarding their children. Texas conservatorship consists of two crucial elements: the right to make significant decisions for the child (legal custody) and the child’s physical care (physical custody). 

The court's primary objective when determining conservatorship is ensuring the "best interest of the child." This broad term encompasses the child's overall well-being, including their physical, emotional, and mental health and their social and moral welfare.

Texas courts favor joint custody arrangements; this is seen as most beneficial for children as it carries on a continuing and meaningful relationship with both parents. However, joint custody does not necessarily translate into equal time spent with both parents. Many factors will impact the overall custody arrangement. If one parent has a history of family violence, the other parent may be given sole custody.

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    How Do Courts Determine Custody?

    In assessing what arrangement serves the child's best interest, courts generally review the following factors:

    • The child’s physical and emotional needs
    • Each parent's ability to care for the child
    • The stability of each parent’s home environment
    • The child's preferences if they are at least 12 years old
    • Each parent's willingness to support a positive relationship between the child and the other parent
    • The mental and physical health of each parent
    • Any history of family violence or neglect
    • The geographical proximity of the parents’ households

    Parents are encouraged to reach their conservatorship arrangements outside of court. If you and the other parent can agree and present a feasible parenting plan, the court will generally approve it, provided it serves the child's best interest.

    Competent & Caring Representation in Custody Matters

    Whether your case involves an ongoing divorce or a post-divorce dispute, such as the need to enforce or modify a current custody court order or relocate with your child to a distant city or state, Setra Law Firm can help. 

    We aim to help you reach the best possible custody outcome that aligns with the court policy of putting the child’s best interests at the heart of the issue.

    You can reach us via our contact form or call (915) 221-9115 to speak with an El Paso child custody attorney about your legal concerns. 

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