Family Law - Custody
Lubbock Child Custody Cases
Divorce is a painful and emotional situation for a family. When children become involved, it is often even more difficult. The Law Firm of Nick Olguin has been successfully litigating child custody cases in the state of Texas for more than a decade. This means you can have confidence that we can aggressively represent your interest to make sure that your rights as a parent are upheld.
Often, child custody cases requiring a trial, are required when one parent is unwilling to compromise. However, most cases in the state of Texas are settled without the need for a trial, which can be decided by jury or judge. In those instances where it does go to trial, the best interest of the child is always the deciding factor. These decisions are based on:
- the ability of each parent to care for the child
- the emotional and physical needs of the child
- the current relationship with each parent
- and the stability of the home
Of course, any indications of a parent being unfit are weighed carefully by the court.
Types of Custody in Texas
Sole Custody: legal and physical custody is awarded to one parent. The parent is able to make decisions on the child’s behalf. That parent also has the right to physical possession of the child.
Split Custody: type of custody where there are two children in the marriage and each parent receives full physical custody of one child.
Joint Custody: there are several types of joint custody, including:
Joint Legal Custody: both parents share responsibility and decision making capabilities on how the child will be raised, but there will be only one primary residence for the child.
Shared Physical Custody: the child will spend time at both residences. Each parent receives at least 35% of the child’s time. One parent receives an unequal share of physical custody than the other, but at least 35% of the time has to be spent with the second parent.
Combination of Shared Physical and Joint Legal Custody: a type of custody arrangement which can be modified to meet the needs of the parents and the best interests of the child.
Important Note about Sole Custody
In the state of Texas, courts generally believe it is in the best interest of the child to have liberal access to both parents. This means that true sole custody, being sole physical and legal custody, is difficult to obtain. This is usually limited to circumstances of the death of one parent, instances of incarceration, abuse, or physical addiction.