Child Custody Attorney in Dallas, TX

If you are a parent going through a child custody matter, you are aware of how emotionally challenging and stressful it can be. You may be extremely worried about your child’s safety and future, or you may be worried you are losing valuable time with your children. At Balekian Hayes, PLLC, we have not forgotten that the most important thing we do is protect your family. We care about our clients, and we aggressively represent their wishes. We are a Dallas family law firm you can trust.

Your Children Are Our First Priority

As parents, that is what we will always put first in our lives. When you come in for your consultation, you will find that we listen closely to the details of the situation and will discuss what is in your child’s best interest. We will stay focused on what it is that you would like to accomplish and advise you based on the circumstances. We will help you through this chapter of your life and will work to make this process as smooth as it can be.

Why Choose Our Dallas Child Custody Attorneys?

Your choice of a child custody attorney in Texas can profoundly impact your family’s future. At Balekian Hayes, PLLC, we understand the gravity of your situation and offer the dedicated legal support and advocacy you need. When clients trust us with their child custody cases, they benefit from:

• Personal Touch from Experienced Attorneys – Managing Partner Kris Balekian Hayes has a strong background in family law, so you know you’re getting someone who will handle your case with the utmost care. Furthermore, she is dual-certified in family law by the Texas Board of Legal Specialization. This certification demonstrates her in-depth knowledge of these complex child custody issues. At Balekian Hayes, PLLC, you’re not just another case. You will always receive personalized attention from attorneys who truly understand your situation and care about your outcome.
• Comprehensive and Innovative Legal Support – We provide innovative solutions tailored to your specific needs. Our firm keeps case numbers low, allowing us to focus on giving each client a detailed, strategic approach to their legal challenges. Child custody cases can be extremely sensitive and complex – we’re equipped to handle yours with the highest level of professionalism.
• Clear and Honest Communication – We prioritize clear, honest communication and keep you fully informed throughout the legal process. Understanding your situation and options is crucial, and we dedicate ourselves to providing clear and straightforward advice at every stage of the custody process.
• Ready When You Need Us – Child custody cases may involve sudden issues and require a time-sensitive response. We’re available to answer your questions and provide legal assistance whenever you need it so you feel fully supported during this challenging time.

How Our Dallas Child Custody Attorneys Can Help You

At Balekian Hayes, PLLC, our dedicated child custody attorneys understand the emotional and legal challenges that can arise in these complicated disputes. We are committed to providing strong, compassionate advocacy to ensure your voice is heard and protect your rights.

We start by carefully assessing your specific circumstances to craft a tailored approach that seeks the best outcomes for your family. From there, we’ll manage all aspects of your case, from negotiating custody terms to litigating in court. By harnessing our deep knowledge of Texas family law, we anticipate challenges and address them proactively. 

Our commitment extends beyond legal strategies. We focus on minimizing the impact of litigation on your children while striving for resolutions that support their well-being and your parental goals. Trust Balekian Hayes, PLLC to guide you through this challenging time with the experience and empathy you deserve.

Why You Need an Experienced Child Custody Attorney in Texas

Trying to handle a child custody case without an experienced attorney can put you at a significant disadvantage, especially when the other parent has strong legal representation. Without a knowledgeable advocate, you might struggle to effectively present your case, missing crucial legal nuances that could influence the court’s decision. This can result in a custody arrangement that does not accurately reflect your child’s best interests or preserve your parental rights.

Moreover, the legal system can be overwhelming and complex, particularly when you’re already dealing with the emotional strain of a divorce or other legal issues. An experienced attorney will help by filing your paperwork on time, meeting critical legal deadlines, and following legal procedures to vastly reduce the risk of costly mistakes. Without this assistance, you might face delays or unfavorable outcomes purely from procedural missteps.

Child Custody Law in Texas

A child custody order, which can be in a Final Decree of Divorce or a Suit Affecting the Parent-Child Relationship, can dictate when you spend time with your children (defined as possession and access). Since custody arrangements cannot generally be modified without showing a significant and material change in circumstances, it is imperative to get the arrangements right the first time.

The Dallas custody attorneys at Balekian Hayes, PLLC can help you work out a suitable visitation schedule, modify an existing schedule, and enforce what is in the best interest of your child. Our family lawyers have all the necessary knowledge and experience to argue your case in court or help you settle a matter with your spouse through mediation.

The most common issues pertaining to child visitation include:

• Disagreement over a visitation schedule that is in the best interest of the child
• Prohibition of visitation by a custodial parent
• Violation of visitation by a noncustodial parent

Possession of your child means you can see the child in person and have the child in your care. Access means that you can interact with your child by some means.

In the state of Texas, it is presumed to be in the best interest of the child that the parents are named joint managing conservators. This does not dictate how much time you spend with the child but what your rights and responsibilities are as it pertains to your children. Usually, but not always, one parent has the right to designate the primary residence of the children, often referred to as the “primary parent.”

What Factors Do Judges Consider in Dallas Child Custody Disputes?

Multiple sections in the Texas Family Code outline the factors judges must consider when making child custody decisions. While the overriding principle is the child’s best interests, some of the specific factors judges will examine include:

• Parental Ability to Meet the Child’s Needs – Each parent’s capability to satisfy the child’s emotional, educational, and physical needs is crucial. Judges look at how each parent contributes to the child’s daily life and their ability to provide a nurturing environment.
• Health of the Parents – The physical and mental health of both parents plays a role in determining custody arrangements. A parent must be healthy enough to actively participate in the child’s life.
• Evidence of Abuse or Neglect – Any history of abuse or neglect by a parent is a vital factor in custody decisions. This includes physical, emotional, or sexual abuse, and it significantly impacts custody decisions to protect the child’s safety and well-being.
• Stability of the Home Environment – A stable home environment is vital for the child’s development. Judges assess the living conditions and the level of stability each parent can offer, including the continuity of the child’s community and educational environment.
• Support for Parent-Child Relationships – The ability of each parent to nurture a positive relationship between the child and the other parent is key. Judges favor parents who encourage the child to maintain a healthy relationship with their other parent, barring any safety concerns.
• Each Parent’s Involvement in the Child’s Life – When making custody decisions, the courts will evaluate a parent’s historical involvement in activities, schooling, and daily care. Regular and meaningful engagement in the child’s life can influence the custody outcome.
• The Child’s Wishes – Depending on their age and maturity, judges may consider the child’s preferences. This factor is particularly crucial when the child is older and can clearly articulate their feelings and choices.

Your Rights And Duties As A Parent

Your parenting agreement should give you answers to critical questions and ensure your rights as a parent to contribute to your child’s health and participate in their medical decisions, your rights to teach your child about your faith and religion, and your right to partake in your child’s education. It will also establish each parent’s duties with the child’s care, financial support, housing, and more.

While in today’s day, courts are more often supporting a 50/50 possession schedule, the Texas Family Code presumes it is in the best interest of the children to have a primary parent and the nonprimary parent has a standard possession order (SPO). The standard possession order states as follows:

• Friday at 6:00 p.m. – Sunday at 6:00 p.m. (or your order may state from after school Friday until the child returns to school the following Monday)
• Thursdays 6 p.m. – 8 p.m. during school year or when the child’s school is regularly dismissed (elected by nonprimary parent)
• Designated Summer and Holidays schedules
• Weekends beginning on the 1st, 3rd and 5th Fridays of each month

Conservatorship

Excluding cases where there is a concern for the child’s safety, the courts believe that it is in the best interest of a child that the parents be designated as joint managing conservators of their child. In short, this means that the parents have equal rights and responsibilities to their children, and they make decisions for their children by agreement or independently of one another. In a typical joint managing conservatorship relationship, one parent will be designated as the parent who may designate the primary residence of the child or the custodial parent. The other parent, known as the noncustodial parent, will be granted possession and access (visitation) to the child.

The other primary type of conservatorship in Texas is a sole managing conservatorship (SMC). In an SMC, only one parent has the authority to make key legal decisions for their child, though the other parent may still spend time with the child. The most common scenario for Texas to grant an SMC is when the evidence shows one parent is unfit to make decisions for their child. For a parent to be named as a sole conservator, they typically must prove that the other parent has a history of abuse, neglect, or violence or is absent from the child’s life.

If the courts name one parent as the sole conservator, they typically designate the other parent as a possessory conservator. A possessory conservator has most of the same rights as a managing conservator and can spend time with their child. However, only the managing conservator can make important decisions for the child.

As times change and parents become more equally involved in their children’s lives, so does the court’s view on child custody. The goal of the court is to keep the child’s life as similar as possible to what it looked like prior to the divorce. As a result, more and more courts are moving towards equal parenting possession times.

The courts will order these rights to occur either upon the agreement of both parties, exclusively held by one parent, or independently by both parties.

See our list of child custody frequently asked questions to learn more.

Contact a Dallas Child Custody Attorney Today

Balekian Hayes, PLLC is committed to helping you spend the most time with your children. Call our Dallas office today at 214-828-2800 to schedule a consultation.