Child Custody & Visitation
Child Custody & Visitation
Davis, Ermis & Roberts, P.C. understands that protecting your relationship with your children may be the most important thing in your life. Agreeing on a satisfactory child custody arrangement can be a strenuous process, and that conflict has the potential of harming the feelings of safety and security your child has as they go through the process with you. Davis, Ermis & Roberts, P.C. will ensure a smooth and comfortable process for all parties involved. The state of Texas makes it a priority to ensure both parents have access to their children ensuing a divorce, which can happen in one of two ways: a parent can be given sole custody, also known as sole managing conservatorship, or custody can be shared through a joint managing conservatorship. The significance of these arrangements has more to do with decision-making responsibilities than living arrangements, which is why the state generally prefers naming each parent a managing conservator.
Davis, Ermis & Roberts, P.C. works to help parents reach an agreement that best suits them, with minimal conflict as possible. To arrive at the point of resolution, we will further explain what the process of child custody and visitation entails.
Child Custody vs. Child Visitation: How They Differ
Child custody, or as Texas calls it, “conservatorship,” is a role reserved for one parent going through a divorce. This can be determined in one of two ways: either an agreement is made together on what is acceptable and a judge signs off on it, or you can leave it in the hands of the court to decide.
While the latter is the most common option, it also creates the most potential for conflict—this especially is true when each parent has a heavy desire to be the child’s conservator. Whoever is named the conservator will hold the primary day-to-day responsibilities of providing the child’s emotional and physical needs; however, that doesn’t mean they will be on their own.
The Other Parent
The other parent will typically have an obligation to pay child support (which is about 25% of their post-divorce net income for one child). They will also have some degree of parental decision-making rights, though this varies depending on the extent of the custodial arrangement.
If you are not the custodial parent, you will likely receive visitation rights. Those rights are judged on a case-by-case basis, depending on the living arrangements factored in with the case. For example, if you move to another state, it will affect the amount of time you get to spend with your child; however, it won’t cut you off from the child altogether.
Most responsible parents still receive opportunities to spend one-on-one time with their child—such as summers and holidays, or every other weekend—but again, this all depends on the parent’s willingness to be involved, and their record of personal responsibility (i.e., no criminal activity or history of impaired behaviors).
At Davis, Ermis & Roberts, PC, our mission is to help you understand your rights from every angle and to work toward the outcome best suited for your situation, and for the well-being of your child. We are also happy to work with grandparents, and to understand their rights regarding visitation and custody.
WHAT’S BEST FOR your Child?
At the end of the day, we want to be your partner in determining the best interests of your child, from both the custodial and visitation perspectives. Most would agree that their children are the most important people in their world. They keep parents motivated to live a good life, even if the decision regarding child custody and visitation doesn’t seem fair.
You want to do right by them, and that means keeping their best interests at the forefront through every step of the process. Davis, Ermis & Roberts, P.C. has been helping parents do just that for many years. Contact us today for help with your custody or visitation dispute.