PRACTICE AREA

Child Custody + Visitation

Safeguarding your children’s well-being is the top priority of our child custody lawyers. Child custody, or “conservatorship” as referred to in the Texas Family Code, is one of the most significant and emotionally challenging issues in family law. It’s often a central conflict parents face when separating. Our attorneys are here to help you reach an amicable agreement or assist you in exploring other avenues, including mediation, collaboration, or litigation.
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Parenting Schedules + Visitation Rights Attorneys

Visitation is called possession and access in Texas and consulting with a visitation rights attorney is critical in protecting your child. In Texas, parents usually share possession and access, unless it is not in the child’s best interest or may endanger the child. The developmental needs of a child can influence possession and access arrangements. For instance, toddlers require regular and consistent interaction to bond with both parents. Texas law mandates that the court consider the preferences of children 12 years of age or older if an in-chambers conference with the child is requested. Courts generally favor joint custody to maintain a child’s relationship with both parents.

At Duffee + Eitzen, our visitation rights attorneys are well-versed in Texas family law and court procedures related to custody and visitation. Our firm is dedicated to ensuring that your parental rights are protected and that custody arrangements are fair and just. With our team’s advanced knowledge, skills, and strategic experience in Texas family law, you can trust that your case will be handled with the utmost diligence and care.

LGBTQIA+ Family Lawyers for Child Custody + Parenting Rights

Establishing parental rights can be a challenging process for all couples including LGBTQIA+ families. From helping you understand the complicated custody process to developing a strategic legal strategy for your divorce, our family law firm will work alongside you to empower you with the knowledge needed to make the right decisions for you and your children. Duffee + Eitzen family lawyers can walk you through this complex process. We are prepared to provide compassionate support and legal experience, working in partnership with you towards a resolution that prioritizes your family’s best interests.

Grandparent Visitation + Custody Rights

Few relationships are as precious as the one between a grandparent and their grandchild. In Texas, a grandparent does not automatically have the right to visit their grandchild. However, a grandparent may be awarded visitation or custody in certain circumstances if the parent cannot provide a safe, stable home environment. Contact Duffee + Eitzen’s child custody lawyers for more information about grandparents’ rights.

Collaborative Process + Custody Cases

Dividing marital assets can be challenging, especially when a marital estate involves complex property issues. In Texas, navigating the intricacies of complex property division requires experience, knowledge and a critical approach. Our team employs a strategic, constructive, and intelligent approach to help you divide assets effectively. We work to protect what matters most for your future.

Complex property division can encompass issues including business valuations, characterization of separate and community property, commingled property, appreciation of separate property, tracing of assets, closely held business interests, trust matters, family limited partnerships and tax issues. At Duffee + Eitzen, we are dedicated to providing the vital legal support necessary to navigate complex property division while safeguarding your interests.

Modification Attorneys

Life changes can significantly impact your ability to comply with existing family court orders which may mean you need a modification attorney to help amend your divorce agreement. Over time, changes in income, medical emergencies, or other unforeseen events may arise. Children’s needs and relationships also evolve, necessitating adjustments to previous agreements. If you find yourself unable to meet the terms of a family court order due to substantial changes in circumstances, our modification lawyers at Duffee + Eitzen are here to assist.

We can help you petition the court for modifying child custody orders and support your claim. Our attorneys are also equipped to represent you if you need assistance contesting modifications. Whether you need to alter child support, child custody, or spousal maintenance arrangements, we have the experience to advocate for your best interests.

Paternity

Questions or uncertainties surrounding paternity can significantly impact cases involving parental rights, child custody, child support, and child relocation. Establishing paternity is crucial for securing certain rights and obligations and often requires the assistance of a knowledgeable child custody lawyer.

Paternity uncertainties are pivotal in legal disputes involving parental rights and responsibilities. Establishing paternity is essential for securing legal rights and obligations, and our attorneys are here to guide you through these complex cases. In Texas, paternity can be established through several methods, including acknowledgment, where both parents state they are the parents, or by signing an Affirmation of Paternity when the father claims parenthood. Paternity may also be presumed if the parties were married at the time the child was conceived.

Determining paternity is vital for both married and unmarried parents, affecting significant family issues like inheritance, and parental involvement, and child support.

Enforcement

A divorce doesn’t sever ties between former spouses completely, especially when children are involved. If you believe the court orders involved in your case need modifying or enforcing, our lawyers can advise you on what to do next and how to file a petition to modify or enforce a divorce decree in Texas. This can occur when the parent responsible for child support fails to pay, when there is a failure to comply with orders for possession of and access to a child, and when there is a failure to comply with orders regarding the exercise of rights and duties regarding a child.

We understand the complexity of these legal, financial, and emotional situations that can occur when former partners fail to comply with court orders. If you are experiencing any of the above difficulties, our team of family lawyers is here to help. Our lawyers will review your court orders and advise you on whether it is possible for you to request a court to enforce your existing order and the likelihood of your request being successful.

Frequently Asked Questions

How to file for custody in Texas?

First, consult a child custody attorney who can guide you through evidence collection, document completion, and the legal process.

Once you have an attorney, the paperwork begins. You’ll need to complete forms and collect documents in order to argue your case. Evidence refers to information, documentation, and testimony. This is crucial for demonstrating why you should be granted custody or more parenting time or the right to make certain decisions for the child or why your proposed arrangement serves the child’s best interests. This can include a variety of materials such as medical records, school reports, character witnesses, emails, text messages, photos, police records, CPS records and more. Properly gathering this evidence involves adhering to specific legal guidelines and restrictions, which an experienced attorney can help you navigate. Working closely with your attorney ensures that all evidence is collected and presented effectively, strengthening your case in court.

How can a child custody attorney help if we cannot agree on an arrangement for custody in Texas?

If you and your co-parent cannot agree on a custody arrangement in Texas, it’s important to seek legal guidance from an experienced child custody attorney. Disagreements over custody can be challenging and emotionally taxing, but there are legal options available to help resolve these disputes.

One option is to request a trial, where the court determines the custody arrangement based on the child’s best interests. However, going to trial can be costly, time-consuming, and stressful for everyone involved. Before pursuing this route, consider exploring mediation or negotiation, which can be a less stressful solution. At Duffee + Eitzen, we prioritize mediation and negotiation to help parents reach an agreement without going to court. Mediation offers an amicable environment where both parties can discuss their concerns with the help of a neutral third-party mediator. This process fosters better communication between parents and encourages them to work together to promote their child’s well-being.

Once a custody arrangement is established, both parties are legally required to respect its terms. Violations can lead to severe penalties, including reduced custody rights or court-imposed fines. Our attorneys are well-equipped to represent you in court, ensuring that your rights and parenting time are upheld.

We recognize that every custody case is unique, and we provide personalized legal support tailored to your needs. Whether through negotiation, mediation, or court representation, we are committed to securing a fair and favorable outcome for you and your child.

What should I know before a custody trial in Texas?

Preparing for a child custody trial in Texas is a crucial step in ensuring that your rights as a parent are protected and that the best interests of your child are considered by the court. Being well-prepared can greatly impact the outcome of your hearing. Here are some important things you should know and do before your custody trial.

Organize the following information for your lawyer:

  • Child’s birthdate
  • Child’s special needs
  • Medical background
  • Daily schedule
  • Extracurricular activities (as well as names of all sponsors/coaches)
  • School teachers’ names and grade
  • Potential witnesses names, contact information and connection to the case.

Having the right documents ready is a vital part of your preparation. Ensure you have:

  • Other parent’s contact information
  • Proof of paternity, if at issue (affidavit or the results of a DNA test)
  • Proof of income
  • Photographs evidencing your concerns such as abuse or neglect.
  • Emails, texts and social media posts evidencing your concerns and issues.
  • CPS records if they exist
  • Police reports when relevant

When can I modify custody in Texas?

In Texas, modifying a custody arrangement requires navigating a specific legal process. Either parent can initiate a modification case, typically to change custody, visitation, child support, rights and duties or decision making power, and or medical support orders. Before proceeding, it’s wise to consult with a child custody lawyer. An experienced child custody attorney can explain your rights and help determine if modification is in your child’s best interest.

Several circumstances can warrant a custody modification. If both parents agree on the changes, they can jointly file for a modification. This mutual agreement is often the most straightforward path. Alternatively, if the child is 12 years or older, they may express a preference to live primarily with a different parent, which the court may consider. Additionally, if the parent with primary custody voluntarily relinquishes care of the child for at least six months, a modification might be appropriate. Often a modification is filed because one parent is troubled about emotional, mental or physical abuse or neglect in the other parent’s home. The modification is filed to ask the court to narrow the other parent’s time or require it to be supervised. When substance abuse or mental illness is interfering with the other parent’s ability to parent the child, a modification is needed.

To begin the modification process, one must file a petition with the court, detailing the reasons for the requested changes. If parents cannot agree, the court will schedule a hearing. The collaborative process or mediation is often encouraged, allowing both parties to negotiate and potentially reach an agreement without a full trial. If no agreement is reached, the court will ultimately decide whether the modification is warranted, prioritizing the child’s best interests. It’s crucial to remember that the existing custody order remains in effect until a modification is approved — unless emergency relief is granted in dire situations — and compliance with this order is mandatory, lacking mutual agreement otherwise. Legal representation can significantly impact the outcome, ensuring that your rights and your child’s interests are protected. Contact Duffee + Eitzen’s child custody lawyers for expert guidance tailored to your situation.

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Your Divorce Team Matters

When it comes to navigating life’s most complex family law issues, your legal team matters. Let our strategic, compassionate, and experienced Dallas family lawyers guide you through this time.

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ATTORNEY SPOTLIGHT

Vanessa Sheppard

Partner Vanessa Sheppard is a highly accomplished family law attorney known for her practical, big-picture approach to resolving complex cases. Recognized with numerous awards, she provides tailored solutions to her clients.

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How to File for Custody in Texas?

First, consult a child custody attorney who can guide you through evidence collection, document completion, and the legal process.

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Best family law firm in DFW. I am constantly referring clients to this group. At Duffee + Eitzen they are professional, empathetic to each situation, and will have your back throughout the entire process.”

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