Experienced Child Custody Lawyer
At the Law Office of Richard Hughes, we understand the essential role parents play in their children’s lives. Our mission is to help you preserve strong, meaningful relationships with your children, no matter what the custody arrangements may be. Richard Hughes offers experienced, compassionate legal guidance to ensure you remain a positive presence in your child’s life.
In East Texas, child custody matters focus on what’s best for the child. Creating a possession schedule or custody schedule that meets everyone’s needs can be complicated. Working with an experienced child custody attorney in Longview, TX, can make all the difference in reaching a fair and lasting agreement.
If you are:
- Navigating a divorce and seeking a fair custody arrangement
- Currently divorced and need a reliable parenting plan for custody and visitation
- Being mistreated or not fully respected in your child custody case
Richard Hughes is here to help. Give us a call to learn about your options.
What Our Child Custody Attorney Can Do For You
Child custody cases can be emotionally charged and legally complex. Richard Hughes is committed to helping you manage the legal details so you can focus on your family and move forward with confidence.
Let us help you during this important time—schedule your consultation today.
What About Child Support?
Child support arrangements are common in child custody cases. If it looks like you need legal assistance with your child support case, Richard Hughes can assist with all the details.
Speak With a Child Custody Attorney in Longview, TX
Richard Hughes is dedicated to serving the child custody needs of Longview, TX, and surrounding areas. If you need assistance, Richard will provide a comprehensive case evaluation and review your options. Schedule your consultation to share your situation with us today.
What are the Types of Custody in Texas?
Texas recognizes two primary forms of custody: legal custody and physical custody.
Legal custody: Legal custody gives you the right and responsibility to make major decisions about your child’s life, including their education, medical care, and religious upbringing. You can have joint or sole legal custody.
- Joint legal custody: This is when both parents have the right and responsibility to make the major decisions for their child.
- Sole legal custody: This is when one parent has the right and responsibility to make major decisions for their child.
Physical custody: Physical custody is the right and responsibility to make the day-to-day decisions for your child and provide them with a home. You can also have joint or sole physical custody.
- Joint physical custody: Both parents get to spend substantial time with their child.
- Sole physical custody: One parent primarily resides with the child while the other parent typically has visitation rights.
Texas also recognizes the concept of “possession and access” to refer to the schedule outlining when each parent has physical time with the child. This schedule can be agreed upon by both parties or ordered by the court.
Custody decisions are always based on the best interests of the child, including factors like age, emotional and physical needs, and each parent’s ability to provide a safe and stable home.
How Does the Court Determine Who Gets Custody in Texas?
Texas determines custody cases based on the best interests of the child, which can include several factors, including:
- The child's age, sex, and current physical and emotional needs.
- The ability of each parent to provide for the child's physical, emotional, and developmental needs.
- The stability of each parent's home environment.
- The relationship between the child and each parent, including the willingness of each parent to facilitate and encourage a relationship between the child and the other parent.
- Each parent's involvement in the child's upbringing and decision-making.
- The child's preferences, if the child is of sufficient age and maturity to express a preference.
- Any history of domestic violence or abuse by either parent.
- The geographic proximity of the parents' homes.
- Any other relevant factor that affects the child's best interests.
The court may also look at evidence and testimonies from the parents and other people who can provide relevant information on the child’s best interest. This may also include an appointed guardian ad litem to represent the child’s interests.
Speak with a Child Custody Attorney in Longview, TX
Child custody issues can be a struggle. If you’re fighting for custody and visitation rights, Richard Hughes is here to help you navigate the process and do what’s best for your child.
Our law firm is ready to help with a detailed case evaluation. In your free consultation, we will offer guidance based on your situation to help you make informed decisions on how to proceed.
Frequently Asked Questions
What is the difference between physical and legal custody?
Physical custody is the right and responsibility of providing a home to your child and caring for their day-to-day needs. Having physical custody determines where the child lives and how much time they get with each parent.
Legal custody is the right and responsibility to make decisions for your child, including healthcare, education, religious upbringing, etc.
Parents can have joint or sole custody for both physical and legal custody.
What is joint custody? What is sole custody?
Joint custody gives both parents legal custody of the child, and both are named “Joint Managing Conservators.” Joint custody also specifies one parent as the Primary Conservator, who typically spends more time with the child and has physical custody, and the Possessing Conservator, who usually pays child support and spends time with the child.
For sole study, one parent is responsible for being the managing conservator and primary conservator. But this doesn’t mean the other parent isn’t allowed to be the possessing conservator.
What makes a parent “unfit” for child custody?
While Texas doesn’t define “unfit parents” by law, courts look at several factors that promote the well-being of the child. However, parents who are unable to take care of their child’s needs because of misconduct or lack of support are typically seen as unfit.
The courts examine several factors when determining a parent’s fitness, including:
- History of domestic violence
- Substance abuse
- Child neglect
- Mental health
- Financial stability
- Secure home environment
- Emotional health
I am worried about my safety if I file for child support. What can I do?
If you’re leaving a relationship or filing for custody and are concerned about your safety, it’s important to have a safety plan in place to protect yourself.
By making a plan before you leave, you can help keep yourself safe. The National Domestic Violence Hotline provides resources on how to make a safety plan, as well as other options available to you.
You should also talk with your friends and family in the event that something arises.
How do I file for custody in Texas?
An attorney can help you file for custody in Texas by completing the necessary documents and collecting evidence for your case.
Once you’ve chosen an attorney, you’ll fill out the proper forms, gather documents to support your case, and begin evidence collection.
What is a parenting plan? Do I need one?
Texas requires parenting plans for cases with child custody disputes, including divorce cases with child and unmarried parents establishing custody.
With a parenting plan, both parents will agree on how the child spends time with their parents. Your parenting plan can be changed if both parents agree.
Your plan should outline information like:
- Vacations and holidays
- Who makes day-to-day decisions
- How to make changes to the parenting plan
- Arrangements for financial and medical support for the child
- How to exchange the child between parents
- What to do if a parent moves to another city or state
Can I modify custody?
Yes, custody orders can be changed by either parent and any time, especially if circumstances have significantly changed.
You may need a change in your custody order if:
- You have a change in circumstances
- Your child prefers a different situation
- Your child feels endangered
- Your child is abused or neglected
- A parent voluntarily relinquishes custody
My ex-spouse is breaking our custody order. What can I do?
It is a serious issue when a parent breaks a custody order since it is a legal order from the court. You have several options if your ex-spouse isn’t following the agreed-upon custody order.
It’s important to document the dates, times, and behaviours of the violations if you need legal help later.
If you don’t want to pursue legal action, you can pursue less severe options, such as calling the police for assistance or requesting support from your attorney. You can also file an action for “contempt” in the court, but this is the most severe action you can take and can result in serious consequences for the other parent.