Child custody disputes are more than just legal battles—they’re deeply personal. At Law Office of Bryan Fagan, we understand the emotional toll custody issues can take. Whether you’re going through a divorce, seeking modification of an existing order, or facing an emergency custody situation, our experienced Texas custody lawyers are here to guide you every step of the way.
What We Do: Focused Custody Representation in Texas
At our firm, child custody law isn’t a side practice — it’s our core focus. We offer legal services tailored specifically to custody-related challenges:
Child Custody
We help parents pursue the right custody arrangement for their child’s best interests.
Our top priority is protecting our clients’ futures with skill, compassion, and unwavering dedication. As family law attorneys, we’ve seen how custody cases impact families, and we're here to provide both strong representation and steady support when it matters most.
Children 12 and older may express a preference, but the judge still decides based on the child’s best interests.
What is Sole Custody?
Sole Custody refers to a situation where you or your co-parent are given exclusive decision-making authority when it comes to specific areas of your child’s life. This is done to exclusion of the other parent. This does not mean the parent who does not have sole custody of the child will not have visitation rights. Sole custody relates to conservatorship rights and duties as opposed to possession, access or visitation.
What is Joint Custody?
Joint custody refers to when you and your co-parent share in decision making authority in relation to your child. Examples of this shared decision-making authority are the rights to consent to medical treatment, psychiatric treatment, to represent your child in legal actions, make decisions regarding their education and the right to services and earnings of your child. It is presumed that in a Texas family law case it is in the best interests of your child that you and your co-parent have joint custody of him or her.
What is a Custody Schedule?
When you and your co-parent create a custody schedule for your child then you are agreeing to divide your child’s time between the two of you. Each day of the year is accounted for in a custody schedule. In many cases this is known as a Possession Order. Typical visitation for a non-primary conservator looks like first, third and fifth weekends of each month in addition to extended periods of possession in the summer and alternating holidays with the primary conservator.
Can I make changes to my Child Custody Agreement?
Changes can be made after an initial child custody agreement. This is otherwise known as a Child Custody Modification. A modification can be granted by a family court judge if:
there has been a material and substantial change in circumstances for a parent or child since the prior order was issued and
the requested modification is in the best interests of your child. Examples of child custody related matters that can be modified include child support, possession orders and conservatorship rights and duties.
Take Control of Your Custody Case Today
Whether you’re facing a complex legal battle or want to understand your rights, we’re here to help. Schedule your free, no-obligation consultation with a Texas custody attorney today.
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Frequently Asked Questions
Can a writ of habeas corpus get me out of jail?
A writ of habeas corpus can potentially get you out of jail by challenging the legality of your detention. If successful, it may result in your release if the court finds your imprisonment unlawful.
Who can file a writ of habeas corpus in Denton County?
In Denton County, individuals who are detained or imprisoned can file a writ of habeas corpus. This legal action is typically initiated by the person in custody or their legal representative to challenge the legality of their detention.
How does a writ of habeas corpus work?
A writ of habeas corpus is a legal mechanism that allows an individual to challenge the lawfulness of their detention or imprisonment. It requires the custodian to bring the detainee before a court to determine if their detention is justified.
How much does a writ of habeas corpus lawyer cost?
The cost of hiring a writ of habeas corpus lawyer varies based on factors such as experience, complexity of the case, and location, typically ranging from $1,500 to $5,000 or more. It's best to consult directly for an accurate estimate.
What are the benefits of a writ of habeas corpus?
The benefits of a writ of habeas corpus include safeguarding individual liberty by allowing a person to challenge unlawful detention, ensuring that the legal process is followed, and providing a mechanism for judicial review of the circumstances surrounding imprisonment.
What is a writ of habeas corpus in Denton County?
A writ of habeas corpus in Denton County is a legal order that requires a person holding another in custody to bring the detainee before the court to determine if the detention is lawful.
Do I need a lawyer for a writ of habeas corpus?
The necessity of a lawyer for a writ of habeas corpus is significant. While it is possible to file without legal representation, having an experienced attorney can greatly enhance your chances of success by navigating complex legal procedures and ensuring your rights are effectively protected.
Can a lawyer help with a writ of habeas corpus?
A lawyer can assist with a writ of habeas corpus by providing expert legal guidance, ensuring proper filing procedures, and advocating for the rights of the individual seeking release from unlawful detention.
Can I file a writ of habeas corpus for a family member?
You can file a writ of habeas corpus for a family member if you believe they are unlawfully detained. This legal action allows you to challenge the legality of their detention and seek their release.
What are the chances of winning a writ of habeas corpus?
The chances of winning a writ of habeas corpus depend on the specific circumstances of each case, including the legal grounds for the petition and the evidence presented. Consulting with an experienced attorney can provide a clearer assessment of your situation.
Can I file a writ of habeas corpus on my own?
You can file a writ of habeas corpus on your own, but it is highly recommended to seek legal assistance to navigate the complexities involved in the process effectively.
How long does a writ of habeas corpus take?
The duration of a writ of habeas corpus can vary significantly based on the complexity of the case and the court's schedule, typically taking anywhere from a few days to several months to resolve.
What is the process of a writ of habeas corpus?
The process of a writ of habeas corpus involves filing a petition in court to challenge the legality of a person's detention or imprisonment. This legal action seeks to ensure that the individual is not held unlawfully.
When should I file a writ of habeas corpus?
The appropriate time to file a writ of habeas corpus is when you believe that you or someone else is being unlawfully detained or imprisoned, and you seek a court's review of the legality of that detention.
What documents are needed for filing?
The documents needed for filing custody cases typically include a petition for custody, proof of residency, financial statements, and any existing court orders. Additional documentation may be required depending on your specific circumstances.
How can I expedite the process?
To expedite the process, consider gathering all necessary documentation and evidence related to your custody case ahead of time. Additionally, maintaining open communication with your attorney and promptly responding to requests can significantly speed up the proceedings.
What are common reasons for denial?
Common reasons for denial include insufficient evidence, failure to meet legal requirements, lack of compliance with court orders, or a perceived threat to the child's well-being. Understanding these factors can help in preparing a stronger case.
Can I appeal a writ decision?
The ability to appeal a writ decision depends on the specific circumstances and the court's ruling. Generally, writs are challenging to appeal, but options may exist based on the jurisdiction and type of writ issued.
What is the typical timeline for cases?
The typical timeline for custody cases varies, but most can take several months to over a year, depending on factors like complexity, court schedules, and whether the case is contested or uncontested.
Are there fees associated with filing?
Filing for custody involves various fees, including court filing fees and potential attorney fees. It's important to consult with a legal professional to understand the specific costs associated with your case.
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Understanding Texas Custody Laws
Texas custody laws are designed to prioritize the best interests of the child while ensuring that both parents have a voice in custody arrangements. Understanding these laws can help parents navigate the complexities of custody disputes, including factors that courts consider when determining custody and visitation rights.
Key elements of Texas custody laws include the types of custody arrangements available, such as sole and joint custody, and the legal standards for modifying existing custody orders. Parents should be aware of how these laws can affect their rights and responsibilities, ensuring they are well-prepared for any legal proceedings.
Types of Custody Arrangements in Texas
In Texas, custody arrangements can be categorized into physical custody and legal custody. Physical custody refers to where the child resides, while legal custody involves the right to make significant decisions regarding the child's upbringing, including education and healthcare.
Parents may pursue various arrangements, such as joint custody, where both parents share responsibilities, or sole custody, where one parent has primary authority. Understanding these options can help parents make informed decisions that align with their family dynamics and the best interests of their children.
Steps to Modify a Custody Order
Modifying a custody order in Texas requires demonstrating a significant change in circumstances that affects the child's well-being. This process often involves filing a petition with the court and providing evidence to support the need for modification.
Common reasons for seeking a modification include changes in a parent's living situation, employment, or health, as well as new information about the child's needs. Parents should work with an experienced attorney to navigate this process effectively and ensure that their petition addresses the necessary legal standards.
Resources for Parents Facing Custody Challenges
Parents facing custody disputes can benefit from various resources, including legal aid organizations, counseling services, and parenting classes. These resources can provide valuable support and guidance during difficult times.
In addition, local support groups and online forums can connect parents with others who have faced similar challenges, offering emotional support and practical advice. Utilizing these resources can empower parents to make informed decisions and advocate for their rights effectively.
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Frequently Asked Questions
Can a writ of habeas corpus get me out of jail?
A writ of habeas corpus can potentially get you out of jail by challenging the legality of your detention. If successful, it may result in your release if the court finds your imprisonment unlawful.
Who can file a writ of habeas corpus in Denton County?
In Denton County, individuals who are detained or imprisoned can file a writ of habeas corpus. This legal action is typically initiated by the person in custody or their legal representative to challenge the legality of their detention.
How does a writ of habeas corpus work?
A writ of habeas corpus is a legal mechanism that allows an individual to challenge the lawfulness of their detention or imprisonment. It requires the custodian to bring the detainee before a court to determine if their detention is justified.
How much does a writ of habeas corpus lawyer cost?
The cost of hiring a writ of habeas corpus lawyer varies based on factors such as experience, complexity of the case, and location, typically ranging from $1,500 to $5,000 or more. It's best to consult directly for an accurate estimate.
What are the benefits of a writ of habeas corpus?
The benefits of a writ of habeas corpus include safeguarding individual liberty by allowing a person to challenge unlawful detention, ensuring that the legal process is followed, and providing a mechanism for judicial review of the circumstances surrounding imprisonment.
What is a writ of habeas corpus in Denton County?
A writ of habeas corpus in Denton County is a legal order that requires a person holding another in custody to bring the detainee before the court to determine if the detention is lawful.
Do I need a lawyer for a writ of habeas corpus?
The necessity of a lawyer for a writ of habeas corpus is significant. While it is possible to file without legal representation, having an experienced attorney can greatly enhance your chances of success by navigating complex legal procedures and ensuring your rights are effectively protected.
Can a lawyer help with a writ of habeas corpus?
A lawyer can assist with a writ of habeas corpus by providing expert legal guidance, ensuring proper filing procedures, and advocating for the rights of the individual seeking release from unlawful detention.
Can I file a writ of habeas corpus for a family member?
You can file a writ of habeas corpus for a family member if you believe they are unlawfully detained. This legal action allows you to challenge the legality of their detention and seek their release.
What are the chances of winning a writ of habeas corpus?
The chances of winning a writ of habeas corpus depend on the specific circumstances of each case, including the legal grounds for the petition and the evidence presented. Consulting with an experienced attorney can provide a clearer assessment of your situation.
Can I file a writ of habeas corpus on my own?
You can file a writ of habeas corpus on your own, but it is highly recommended to seek legal assistance to navigate the complexities involved in the process effectively.
How long does a writ of habeas corpus take?
The duration of a writ of habeas corpus can vary significantly based on the complexity of the case and the court's schedule, typically taking anywhere from a few days to several months to resolve.
What is the process of a writ of habeas corpus?
The process of a writ of habeas corpus involves filing a petition in court to challenge the legality of a person's detention or imprisonment. This legal action seeks to ensure that the individual is not held unlawfully.
When should I file a writ of habeas corpus?
The appropriate time to file a writ of habeas corpus is when you believe that you or someone else is being unlawfully detained or imprisoned, and you seek a court's review of the legality of that detention.
What documents are needed for filing?
The documents needed for filing custody cases typically include a petition for custody, proof of residency, financial statements, and any existing court orders. Additional documentation may be required depending on your specific circumstances.
How can I expedite the process?
To expedite the process, consider gathering all necessary documentation and evidence related to your custody case ahead of time. Additionally, maintaining open communication with your attorney and promptly responding to requests can significantly speed up the proceedings.
What are common reasons for denial?
Common reasons for denial include insufficient evidence, failure to meet legal requirements, lack of compliance with court orders, or a perceived threat to the child's well-being. Understanding these factors can help in preparing a stronger case.
Can I appeal a writ decision?
The ability to appeal a writ decision depends on the specific circumstances and the court's ruling. Generally, writs are challenging to appeal, but options may exist based on the jurisdiction and type of writ issued.
What is the typical timeline for cases?
The typical timeline for custody cases varies, but most can take several months to over a year, depending on factors like complexity, court schedules, and whether the case is contested or uncontested.
Are there fees associated with filing?
Filing for custody involves various fees, including court filing fees and potential attorney fees. It's important to consult with a legal professional to understand the specific costs associated with your case.
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Understanding Texas Custody Laws
Texas custody laws are designed to prioritize the best interests of the child while ensuring that both parents have a voice in custody arrangements. Understanding these laws can help parents navigate the complexities of custody disputes, including factors that courts consider when determining custody and visitation rights.
Key elements of Texas custody laws include the types of custody arrangements available, such as sole and joint custody, and the legal standards for modifying existing custody orders. Parents should be aware of how these laws can affect their rights and responsibilities, ensuring they are well-prepared for any legal proceedings.
Types of Custody Arrangements in Texas
In Texas, custody arrangements can be categorized into physical custody and legal custody. Physical custody refers to where the child resides, while legal custody involves the right to make significant decisions regarding the child's upbringing, including education and healthcare.
Parents may pursue various arrangements, such as joint custody, where both parents share responsibilities, or sole custody, where one parent has primary authority. Understanding these options can help parents make informed decisions that align with their family dynamics and the best interests of their children.
Steps to Modify a Custody Order
Modifying a custody order in Texas requires demonstrating a significant change in circumstances that affects the child's well-being. This process often involves filing a petition with the court and providing evidence to support the need for modification.
Common reasons for seeking a modification include changes in a parent's living situation, employment, or health, as well as new information about the child's needs. Parents should work with an experienced attorney to navigate this process effectively and ensure that their petition addresses the necessary legal standards.
Resources for Parents Facing Custody Challenges
Parents facing custody disputes can benefit from various resources, including legal aid organizations, counseling services, and parenting classes. These resources can provide valuable support and guidance during difficult times.
In addition, local support groups and online forums can connect parents with others who have faced similar challenges, offering emotional support and practical advice. Utilizing these resources can empower parents to make informed decisions and advocate for their rights effectively.
