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How to Fight for Custody of a Child 

Grimes & Fertitta > Family Law  > Child Custody  > How to Fight for Custody of a Child 

How to Fight for Custody of a Child 

how to fight for custody of a child

An experienced family lawyer knows better than anyone else how to fight for custody of a child. That’s why, even if you are only seeking a joint custody agreement, it is still best to retain the help of a lawyer. Custody is not something you should handle alone.

The trusted child custody lawyers at Grimes & Fertitta can help you answer all types of child custody questions. Should I fight for custody? Which type of custody is best for my child?

What can I do to ensure my parental rights are protected? As we find answers to these questions, we work hard to make sure that your children’s best interests are always protected and kept at the forefront of any and all discussions. 

We are high net worth divorce lawyers and Houston custody lawyers with decades of experience. We know how to fight for custody of a child. And we will use our knowledge, skills, and resources to help you and your family move forward in the best way possible.   

Types of child custody

If you plan to fight for custody of a child, you must first decide if you want to fight for sole or joint/shared custody. Joint custody is the most common custody arrangement but may not be right for your specific situation.

Shared custody:

  • Both parents share fairly equal time with the children and both have the right and responsibility to make the important decisions about the health, education, and welfare of the children. 

Sole custody:

  • The child lives with one parent the majority of the time, and this person makes the major decisions regarding the child’s health, education, and welfare. 
  • The parent who does not receive sole custody may still be allowed visitation.

Whether you are fighting for shared or sole custody, you should always retain an experienced family law attorney in Houston to walk you through the process and help prepare a case that truly takes into account the child’s best interests.  

Grounds for full custody of a child 

In order to win sole custody of your child(ren) in Texas, you must prove that your spouse is an unfit parent or that it is otherwise in the best interest of your child to only live under your care. 

An unfit parent is a parent who will not or cannot provide the conditions necessary for a child to maintain physical and/or emotional health. 

Common unsafe conditions include:

  • Physical or emotional abuse
  • Drug or alcohol addiction
  • Criminal behavior
  • Any behavioral/environmental factors that could be detrimental to your child

A parent with sole custody of the child may also be eligible to receive child support payments from the non-custodial parent to help fulfill the child’s needs. If this is the case with your family, we can work with you to help maximize financial support.

What determines who has custody of a child? 

In many situations, parents will reach an out-of-court agreement on child custody and visitation, usually with input from attorneys, counselors, or mediators. If parents do not negotiate some form of agreement before going to court, then the custody decision will be made in court, usually by a family court judge.

In some circumstances, a judge may appoint an amicus attorney to the case. An amicus attorney’s sole purpose is to assist the court in determining the best interests of the child involved.

Regardless of how the case is overseen, it’s critical to retain a child custody lawyer The Woodlands trusts to help collect information the judge needs to make the correct ruling.

What do judges look for in child custody cases? 

The judge will take into account a variety of information regarding what’s best for the physical and emotional wellbeing of the child(ren) involved.  

Common factors include:

  1. Any confirmed evidence of domestic violence, abuse, or neglect by either parent.
  2. Each parent’s ability to provide for the children’s physical needs, emotional wellness, and medical care. The court may also consider the opinions of character witnesses on behalf of each parent.
  3. The children’s wishes.
  4. Whether either parent has provided the majority of the children’s care up to this point. 
  5. The quality of the relationship between the children and each parent.
  6. The willingness of each parent to support and facilitate the children’s ongoing relationship with the other parent. 
  7. The level of adjustment and attachment between the children and their home, school environment, and community/neighborhood.
  8. The living arrangements each parent can provide.
  9. The knowledge each parent has of their kids, such as favorite activities.

How to win child custody for fathers 

While there are no child custody laws in Texas granting mothers a more favorable outcome in custody battles, many fathers feel that they either do not get a fair shot at sole custody or are not (in practice) given an equal amount of time with their children even if joint custody has been arranged.  

A Grimes & Fertitta Houston fathers’ rights lawyer can help you build a case that highlights the best interests of your child and preserves your role and involvement as a father. But to do so, fathers must be on their best behavior leading up to the trial and be completely honest about any potential roadblocks that could be put up, so our team can help you navigate around them. 

Make sure you feel comfortable opening up to your lawyer and sharing as many details as possible. The best outcomes happen when clients and their lawyers build a strong relationship

Where can I find attorneys who know how to fight for custody of a child? 

As the child custody lawyers The Woodlands trust, Grimes & Fertitta will work with you to build an effective case for your suitability as a parent while bringing to light any of your former partner’s shortcomings. 

We are child custody lawyers who know how to fight for custody of a child, and we will work hard to ensure that your child(ren) have their best interests fully represented by the justice system. 

To request a consultation, contact Grimes & Fertitta online or call us at 713-224-7644 today.


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