EXPERIENCE AND SKILL MATTERS IN COMPLEX CHILD CUSTODY DISPUTES
Jeffery O. Anderson is a Board Certified Child Custody Lawyer in Frisco, TX. He has over 30 years of experience representing clients in complex custody disputes, international custody, and highly contested cases involving children.
We understand how overwhelming and stressful a child custody dispute can be for you and your children. When the future of your children are in question, it can become even more complicated.
When there is a custody dispute, your first step will be to explore all of your legal options with a child custody lawyer – an attorney with a a deep understanding of Texas family law, the local courts, and defense strategies surrounding child custody laws in Texas.
Family Law Attorney Jeff Anderson has the knowledge, experience and skillset you need to win in court. He will guide you throughout the entire process, and put your mind at ease by crafting an effective and reliable legal strategy that you agree with and understand.
To get started, give us a call to schedule a consultation. We represent clients in Collin County, Dallas County, Dallas Fort-Worth (DFW) and across Texas.
Aggressive, Strategic, Compassionate Defense
When you hire Jeff Anderson to handle your child custody dispute, you are not just getting one child custody attorney to handle your case. You are hiring a team of legal professionals that are ready to fight for you and your children. A team that has represented thousands of clients dealing with custody related disputes in Frisco, Dallas and across Texas.
Reputation and Skill Matter
Attorney Jeff Anderson is well known throughout the Frisco court systems and legal community for his skill, knowledge, and ability to strategize, regardless of the situation. When the opposition sees his name, they know you are being represented by an skilled attorney that understands the law, and ensures his client’s rights are protected.
Results & Experience
He has over 30 years of experience handling cases just like yours, with hundreds of case wins ranging from simple custody cases to complex international child custody disputes.
Our Promise To You
Jeff will thoroughly investigate all of the facts surrounding your case, build an effective strategy that is carefully thought out, and negotiate expertly to protect your rights to achieve the outcome you deserve.
Review Your Case With Attorney Jeff Anderson!
To schedule an appointment with Jeff Anderson, please call us or use the form on this website to schedule your appointment.
What Custody Issues Do We Provide Legal Help For?
- Enforce Custody Order
- Modify a Custody Order
- Child Custody for Children with Special Needs
- Custody Support for Adult Children with Special Needs
- Getting Sole Custody of Your Kids
- Custody Relocation if Moving
- Grandparents Custody Rights
- Fathers Rights
- DNA Paternity
- Adopting a Stepchild
- Child Visitation Rights
- Terminate Parental Rights
- Special Needs Child Support
What Happens In A Child Custody Case In Frisco & Dallas, TX
Family Court judges have broad discretion in both Dallas and Collin counties regarding the final outcome of most child custody cases.
With a few minor exceptions, the judge will make the final decision on who the children will live with, when parents will get visitation, who will pay child support, and how much.
In a child custody case, there will be many important factors taken into consideration. For example, there are many influences and variables that play a part in raising a child, which go beyond the parents.
You also have siblings, grandparents, aunts, uncles, cousins, teachers, coaches, mentors…the list is extensive.
With the right attorney, you will be given sound advice and guidance. You will also protect your child, and you will not waste your time or money fighting a battle that cannot be won.
Types of Child Custody In The Texas Family Code
Texas Family Law Code defines different types of custody arrangements very specifically, with unique titles and documents for child custody cases in Texas. But don’t worry if you are unfamiliar with the lingo; as long as your attorney is well versed and experienced in child custody laws like Jeff Anderson you should be in good hands.
- Joint Conservatorship, aka Joint Custody
- Sole Managing Conservatorship aka Sole Custody
- Possessory Conservator aka Non-custodial Parent
- SAPCR aka Custody Lawsuit
- Custody Modifications
Texas Uses The Term Conservatorship For Child Custody
Conservatorship is a term that the Texas Court uses instead of child custody, describing a person with rights and duties with respect to a child (including a right to possession).
Typically a child’s conservator is a parent of the child, but grandparents can have parental rights including custody, along with other family members or relatives.
There are scenarios where a conservator can be someone else, e.g. a grandparent, an uncle, etc. This is why Texas courts use the legal term “conservator”, because it represents a potentially broad group of persons.
What is Joint Conservatorship (Joint Custody) in Texas?
In Texas joint conservatorship means the same thing as joint custody. After a divorce, custody rights in Texas start with determining conservatorship. A child’s conservator is the parent who makes the child’s most important daily decisions.
The conservator decides where the child attends school, if the child will play sports, which doctor they will see, and hundreds of other important issues in the child’s life.
The Courts in Texas are strongly inclined to deem both parents as joint conservators unless there is a specific and compelling reason as to why this would not be possible.
Unless the court decides that circumstances make it extremely difficult or impossible for the parents to make important decisions together, joint conservatorship is likely.
What is Sole Managing Conservatorship (Sole Custody) in Texas?
Sole managing conservatorship is basically the same thing as sole custody in Texas. If there are difficult or impossible circumstances preventing joint custody, a Texas court will decide that one of the parents is the sole managing conservator.
This means that the other parent will be the possessory conservator, or the parent with visitation rights. The child will almost certainly live with the parent with sole conservatorship and that parent will make all of the child’s important decisions.
Acting in the Best Interest of the Child
In a child custody dispute, the court’s number one objective is determining what is in the child’s best interests as it relates to how the parent-child relationship will be constructed going forward.
The court will make a determination with respect to custody starting with who it designates as “conservators” of the child.
Conservatorship in Texas law makes the presumption that both parents should, and will, play an active role in the daily lives of their child. No matter how badly you want to have your ex-spouse’s parental rights terminated, Texas family code makes that process difficult, besides a few specific situations.
Can the Court Enforce a Custody Order if a Parent Violates the Terms?
Yes! You will need to petition the court if there is a violation, and the court will enforce the custody orders.
If you are the custodial parent in danger of violating a custody order because you want to move or relocate, or a noncustodial parent wants to prevent the children from relocating, there are a few aspects you need to know about Texas law and processes.
Although there are no Texas statutes articulating standards in regards to custodial parent relocation, there are some general principles the courts will follow when deciding whether to grant or deny a petition for relocation or to enforce custody orders.
Can A Minor Be Required To Appear In Court During A Divorce?
Yes, anyone can be compelled to appear before a Court; giving testimony is another issue. A child can be called to testify or appear in family law court in custody, divorce, or other cases.
If a person, minor or not, can understand the oath and answer questions, then he or she may be put on the stand.
That does not mean a 7-year-old should be a witness, subject to examination and cross examination, and most Courts will look down upon the side that attempts to do such a thing.
If there is no other way to get the information that a child knows before the Court, then there are alternatives to putting him or her on the stand.
- A motion may be filed requesting that the Judge speak to the child in chambers. If custody is at issue and the child is 12-years-old or older, then the Court is required to do so. If the child is under the age of 12, speaking to a child in chambers is discretionary.
- Some Judges will have the child speak to a counselor or social worker, which will almost certainly allow for more comfortable surroundings.
In the end, a child custody attorney may decide to put the child on the stand if the child can understand the oath.
It may not be the best strategy, and it could cause the child significant emotional distress. Regardless, the rules do allow for it.
Is it True that Mothers Usually Get Full Custody in Texas?
No, this notion is not true by statute. Pursuant to the Texas Family Code, the Courts are to make their determinations without regard to sex or marital status.
However, a judge may have a skewed perception or bias, which we cannot account for. After all, they are human.
What is a SAPCR?
In Texas, a lawsuit that involves the best interest of a child is called a SAPCR, which stands for Suit Affecting the Parent-Child Relationship.
Any suit involving a child, whether or not the parents are or were married, is a SAPCR.
This is the lawsuit to determine which parent will have custody of the child, what that custody will look like, and the specifics of parental responsibilities moving forward, including visitation, financial obligations, and decision-making authority.
Don’t forget, the guiding principle in Texas regarding family law cases with children is to always act in the best interest of the child.
Modifying A Child Custody Order
In Texas, a child custody, child support and child visitation order can be modified. When any order is changed, whether it is a former SAPCR Order or a Final Decree of Divorce, it is called a modification suit.
Ultimately, to win such a modification, the parent seeking the change must show:
- That there has been a material and substantial change in circumstances since the last order of the court, and
- That the requested change is in the child’s best interest.
If you think you qualify to modify child custody, visitation or support or would like to speak with a lawyer for professional guidance, give us a call.
Paternity Issues with Custody
In the case of unmarried parents, any dispute of child custody, child support and child visitation depends on the status of the father.
Based on the dispute in question and the status of the father, the court will determine the next step. Establishing paternity through DNA testing is a popular choice, but sometimes paternity can be established by paperwork alone.
What are Domicile Restrictions?
Domicile restrictions are specific guidelines imposed by the parent without primary custody on where the child or children can live.
Although one parent may have the right to establish the residence of the children, that residence must be located within a certain geographic boundary.
That boundary can be a school district, city, county, state or even country. Most often, the children’s residence is limited to a county or group of counties.
Over the past several years, domicile restrictions have become more and more popular. However, every case does not necessarily require a domicile restriction.
WHAT IS THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)?
The UCCJEA is a uniformed code that clarifies the jurisdiction of child custody and visitation suits.
When one party files a suit in Texas and the other party files in another state, the UCCJEA tells us where the case is going to be handled.
Code sections are adopted by individual states, so each state has adopted a form of the UCCJEA. They don’t all look exactly the same, but most are very similar.
In simpler terms, a child custody or visitation case is filed in the “home state” of the child. The “home state” is defined as where the child has lived for six months or longer, though brief periods of absence are counted as part of that six months.
If the child hasn’t been living in a state for six months, then we look to the last state where the child lived for that period of time. If the child is less than six months old, then we look to the state where the child has resided since birth.
It is important to note a distinction: the UCCJEA addresses jurisdictional issues for custody and visitation, but not child support. Jurisdiction for child support issues are governed by the Uniform Interstate Family Support Act (UIFSA).
Emergency Jurisdiction On A Temporary Basis
So what do you do if you’re in Texas, your child’s home state is somewhere else, and there’s an emergency that needs to be handled right now , while in Texas? The UCCJEA has an answer.
If Texas doesn’t have jurisdiction because another state has it under the code, Texas can still exercise emergency jurisdiction on a temporary basis.
This is like putting a Band-Aid on the problem until the Court of the proper jurisdiction can hear the issues and make a determination.
This also means that if the proper state has already had a hearing, the emergency jurisdiction section of the UCCJEA will likely not be used to take temporary jurisdiction.
The reverse of all of this will also apply. If Texas is the proper state for jurisdiction, another state might be able to exercise emergency jurisdiction, but ultimately the case should be handled in Texas.
How A DWI or Criminal Charge Can Effect Child Custody During A Divorce
Whether you’re seeking joint or sole custody for the first time or are seeking to modify an existing visitation arrangement, you’ll be expected to demonstrate to a judge why granting custody or visitation to you is in your child’s best interest.
Like other criminal convictions, a DWI in Texas family law court is likely to be a black mark against your character, and a more recent DWI (or multiple convictions) can indicate a substance abuse problem that may also impact your perceived ability to care for your child.
If you have not been found guilty (conviction), your situation will be different, but you will want to consult an attorney, because your spouse may bring the arrest up to harm your character.
Visitation When Your License Is Suspended
For those whose driver’s license has been suspended (or permanently revoked) due to one or more DWI convictions, you should expect a uphill battle when it comes to joint visitation. This is due to judges do not like to place all the responsibility of visitation transportation on one parent.
The news isn’t all bad for those who have a DWI conviction. Because Texas treats conservatorship (often termed “custody” in other states) differently and separately from visitation, it’s possible to have visitation (and a regular physical connection with your child) even if your spouse is awarded sole conservatorship.
The important thing is to be able to show that the circumstances leading up to your DWI conviction have changed and that you’re committed to remaining sober and being the best possible parent to your child.
What should you do if you’re concerned about the impact of your DWI convictions on a custody matter?
There’s an additional wrinkle for those who are convicted of one or more DWIs in Northern Texas. What if it was recently discovered that a single lab worker may have mixed up multiple blood samples before or after testing, potentially leading to wrongful convictions (as well as mistaken exonerations) for thousands whose blood samples were processed there.
You might also find out that the breath test you were given was faulty, inaccurate, or otherwise invalid. If your conviction falls within the time period at issue and there’s a chance your blood sample could have been processed at this facility, you may want to see whether you can have your final custody hearing postponed until you can determine the likelihood of your DWI conviction being vacated or overturned.
This unusual situation, along with other unique points of Texas law, is why it’s crucial to consult an experienced attorney who is familiar with the nuances that drunk driving charges cause during custody cases in Texas.