Child custody deals with the issue of legal custody and physical custody. In Texas, "custody" and "conservatorship" are terms used to define the rights and duties of each parent including where the child or children will reside. The divorcing parents can either come to an agreement or a court will make a decision as to what times the children will spend with each parent and will pay close attention to the time the child will spend with the parent that does not have primary residence. Each parent will have certain legal rights. Some legal rights belong to both parents at all times while some legal rights apply when the child is with that parent. Some rights will be given to only one parent, such as surgery consent for non-emergencies and where the children will live. If you have specific questions concerning your existing custody ruling, please contact a child custody attorney.

When deciding the issue of custody, the court will base the decision on what’s in the best interest of the child based upon all evidence provided to the court such as the wishes of the parents, the needs of the child, the relationship with each parent and other family members, which parent will allow meaningful access, the living environment, relocation issues, the mental and physical health of all parties, and the wishes of the child.

The wellbeing of your children is probably one of your top priorities in life. Protecting them from harm during a divorce can be a difficult task, and a child custody attorney is meant to help from a legal standpoint. When facing a challenging custody dispute, the assistance of an experienced child custody lawyer during a divorce, can be invaluable in helping you find the resolutions you need to move forward while providing for your family’s safety and well-being. The Law Office Of Steven C. Benke represents mothers and fathers with a wide variety of custody and visitation issues. Our experience includes handling custody matters related to parents going through a divorce, common law marriage, military divorce, visitation arrangements, and those needing modifications to their current custody court order.

You should obtain a court order for custody when you are separated but not divorcing, when you are divorcing, or when a paternity or legitimization suit has been filed.

We have an experienced staff that can handle every type of custody matter, including:

  • Parental relocation
  • Enforcement of visitation
  • Motions to deny visitation
  • Custody issues when parents live in different states (see Military Divorce)