The Law Offices of Dayne Marguglio Attorney at Law

Child Custody

When parents divorce, the divorce decree will specify with whom the divorcing couple's child(ren) will live (and circumstances under which the other parent will visit with the child(ren)). Often, parents work out these arrangements between themselves, either completely voluntarily or with the assistance of their attorneys or a mediator. When they are unable to reach a decision, however, or when unmarried parents are unable to agree on who will have custody of their child(ren), the court may intervene and make a decision based on the child(ren)'s best interests.

Physical Custody And Rights And Duties Regarding The Child

In most situations, primary physical custody is awarded to one parent with whom the child will live most of the time. Often, however, the custodial parent shares rights and duties regarding the child with the non-custodial parent.  Rights and duites regarding the child include the right to make decisions about the child's education, religion, health care, and other important concerns.

Joint Custody (Joint Managing Conservatorship)

Assuming that there has been no family violence and that neither parent poses a harm, danger, or threat to the child, often the Courts appoint the parents as Joint Managing Conservators of the child with one parent having primary possession and the other other parent (i.e. the non-custodial parent) having standard access and possession (i.e visitation rights) with shared rights and duties.

Sole Custody (Sole Managing Conservatorship)

In the event there has been family violence, drug use or other event(s) that might cuase or pose harm, danger, or threat to the child's physical or emotional well-being, you may need to discuss the need for supervised access and possession by the non-custodial parent with your attorney.

Split Custody

Another option, although much less favored, is split custody, in which one parent has custody of one or more of the parties' children, and the other parent has custody of the other(s). Courts usually prefer not to separate siblings, however, when issuing custody orders.  In other words, there is a pesumption in the law that it is in the best interest of the children to not be separated.

 

 

Dallas Divorce Lawyer

Family Law lawyer, Dayne Marguglio, provides comprehensive and compassionate family law services in Dallas, Fort Worth,Highland Park, Plano, Grapevine, Richardson, Garlandand other surrounding cities.

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Dayne Marguglio
Turley Law Center
6440 N. Central Expressway
Suite 310
Dallas, Texas 75206

phone: 214-750-8603
facsimile: 214-692-8973

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