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Home 9 Custody 9 Navigating Your Child Custody Case

If you are a parent going through a divorce or child custody matter, you know the situation is incredibly emotional and stressful. You may have concerns about your child’s future, and you might worry about losing the time you get to spend with them. You might be concerned the other parent may be unfit to raise your child. At Balekian Hayes, PLLC, we haven’t forgotten that the most important thing about being a family law attorney is caring about our clients and their families. We offer helpful legal advice and fight aggressively to ensure your parental rights are represented. 

What Decides Custody of a Child?

Texas physical custody cases are determined with the child’s best interest in mind. The child’s best interests could be widely varied, but the court generally breaks it down to three elements: emotional and physical needs, emotional and physical safety, and parental ability. 

The child custody agreement sets the physical and legal custody of your child. Children will live with the parent who is awarded physical custody. Legal custody will outline which parent makes decisions about health care, education, religion, and other important issues. Sometimes, Temporary Custody is determined during a separation or divorce, pending a final agreement. The court may determine temporary custody based on the child’s best interests. Some agreements may start as temporary but become permanent by a court of law.

Joint Legal custody allows parents equal care and control of the child’s upbringing, but the child has one primary residence. In Shared Physical Custody, the child has two homes, spending at least 35% of their time with the other parent. Joint Custody allows both parents equal say over decisions regarding a child’s upbringing and division of time that a child spends with each parent versus Shared Custody focuses on how much time the child has with each parent.

Where Do I Go to File for Custody of a Child?

The first step you should take when filing for custody of a child is to engage with an experienced family lawyer. By working with an experienced family lawyer from the start, you can ensure that your custody rights will be protected. Your lawyer will walk you through the Texas protocol to file for child custody. This process begins by filing a petition with the Dallas clerk of the court using a Suit Affecting the Parent-Child Relationship form. After this is filed and the accompanying fees are paid, the other parent will be notified that a petition has been filed. The other parent will be allowed to file an answer, counterpetition, or denial with the courts. Additional documents may be needed before the case can move to custody mediation or court. 

Can Child Custody be Changed?

If a significant life change happens, your child custody agreement or visitation can be modified. For instance, if one of the parents moves, gets a new job, or gets remarried, it might be necessary to revisit the original agreement. The court must approve any change, so we can help you explain to the judge why the requested modification should be allowed – or why they shouldn’t.

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From the bottom of my heart, I cannot recommend Balekian Hayes enough. As a father fighting to protect his daughters and secure meaningful protections for our future, I needed more than legal representation — I needed a team that understood what was truly at stake. This firm didn’t just manage my case; they stood beside me while I fought for my children with passion, discipline, and faith. They recognized my effort to always put my girls first and reinforced that commitment at every turn.

Lisa at reception is the heartbeat of this firm. From the very first call, she treated me with sincerity and compassion. On days when I felt overwhelmed or discouraged, Lisa gently reminded me that my faith was evidence and that trials are temporary. She consistently reassured me that everything would work out the way it was meant to. She addressed every concern directly or made sure someone did. Her kindness grounded me more than she probably realizes. She sets the culture — patient, understanding, and steady.

Bryn is one of the hardest working professionals I have ever encountered. She was my go-to throughout the case and handled every detail with empathy, precision, and follow-through. What stood out most was how she consistently reinforced that I was a great father. When doubt crept in, Bryn reminded me that my effort to secure protections for my daughters mattered deeply. She genuinely cared about the outcome, not just legally but personally. Her calm strength made some of the hardest moments feel manageable.

And then there is Emory. Emory is exceptional. Her knowledge and strategic leadership transformed our case and ultimately led to a strong victory for my family. But what separates her is her empathy. She saw my pain. She recognized the weight I was carrying as a father trying to do everything right. On days when I questioned whether I was doing enough, Emory consistently reminded me that I was doing amazing — even when I didn’t feel like my best self. She pointed out the victories I had already achieved before she and her team ever stepped in. That perspective restored my confidence. “Relax — we’ve got this,” she would say, these struggles may feel like loses right now, but soon they will be your victories— and she meant it. She fought fiercely for the protections my daughters deserved while also protecting me emotionally through the process.

This firm was the greatest blessing of my year. To the fathers out there: I know how heavy this road can feel. But when you have Balekian Hayes in your corner, the burden truly lifts. They honor your role. They fight for your family. They believe in you when you need it most.

Personally, I know what it feels like to lie awake at night wondering if you’re doing enough… if you’re going to protect your children… if the system will truly see your heart. I lived it. As a father fighting for my daughters and the protections they deserve, I needed more than legal advice — I needed a team that understood what was truly at stake. From day one, Balekian Hayes saw my passion, my effort, and my unwavering commitment to put my girls first. They didn’t just represent me or defend me in court — they strengthened me as a father. Without hesitation, I can say this firm was the greatest blessing of my year.

To my team I am beyond thankful for your effort, thank you all so much for these blessings we get to live.

If you’re praying for help — this is your sign. Make the call.

John

“Dedicated lawyers who will work hard and fight for you. Kris and Justin went above and beyond in my case. A big thanks to both of them. I would not hesitate to recommend.”

Dustin

“Balekian Hayes is the best law firm I’ve ever had the pleasure of doing business with. Very happy with everything!”

Travis

“I had a fantastic experience with Balekian Hayes law firm and highly recommend them. I initially met with Kris in 2007 regarding a potential divorce. She immediately knew what an emotionally challenging and stressful time this was going to be for me and didn’t want me to be alone during this journey. She helped me plan effectively to protect myself, my financial future, and my time with my kids. I interviewed several attorneys prior to meeting her, but none had the compassion and law knowledge combination that she and her team did. Hiring her was one of the best decisions I’ve ever made.”

Elizabeth

“Ms. Hayes was not only an excellent attorney throughout the duration of my case, but counseled me through some very tough financial decisions and marital obstacles outside of litigation. We forged a friendship that will last well beyond our professional relationship and I was blessed to have her on my side.”

Previous Client

“She was and continues to be professional, caring, and honest.
Ms. Balekian Hayes is a bulldog who fights for what’s best for the child.”

– Krystal