Are you a divorced or separated parent in Texas? If you have young kids or teenagers, you and your co-parent will need to come to terms regarding child custody and child visitation. Similar to most parents, you likely desire an amicable solution. At Thornton Esquire Law Group, PLLC, we have extensive experience negotiating child custody cases. At the same time, we will never let your parental rights take a backseat. Within this article, our Houston child custody attorney highlights six tips for resolving a conflict in an amicable manner.
As a starting point, it is useful to understand how Texas law works for child custody and child visitation. Technically, our state does not use those terms in official legal proceedings. Instead, custody is known as the allocation of parental responsibilities, and visitation is referred to as the allocation of parenting time. Still, the concepts are similar, and you will frequently hear people talk about “custody” and “visitation” conversations.
For custody cases, Texas uses the “best interests of the child” legal standard. Under Texas Family Code Sec. 153.002, “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” Put another way, a custody/visitation dispute will always be resolved in the manner that is deemed best for the health, safety, well-being, and long-term development of the child.
To reach an amicable custody resolution, parents generally need to take a collaborative approach. In other words, parents need to be ready to work together to find a solution that is best suited for their specific situation. Mindset matters. As a parent who wants to find a low-conflict resolution to your custody or visitation case, you need to approach the issue with a cooperative mindset. Along with other things, this means prioritizing your child’s needs over simply trying to “win” a dispute. By fostering a collaborative spirit, you can improve the odds of being able to work constructively with your co-parent. The goal is to build a custody and visitation framework that works.
Family law is complicated—especially so when young kids or teenagers are involved. Given the inherent challenges, it is crucial that you are able to access all of the available resources. You do not need to take on a custody or visitation case alone. Consulting with a seasoned Houston child custody lawyer can make a big difference. Your attorney can offer crucial insights and narrowly tailored strategy guidance that fits your specific circumstances. A lawyer can help you understand your legal rights and options. Remember, working with a lawyer does not mean that you want to fight with your former partner. A Houston, TX, child custody attorney can help you negotiate an amicable settlement with your co-parent.
Divorced or separated parents in Texas can get tied up in a custody battle for a wide range of different reasons. If you want to find an amicable solution, it is useful to put an emphasis on the future and not the past. Many custody settlements get bogged down on issues that are not directly related to the case. With this in mind, it is best practice to center your discussions on creating a positive future for your child rather than revisiting all of the past conflicts. By concentrating on what lies ahead—including your child's upcoming needs—you and your co-parent will be in the best possible position to create a forward-looking plan that serves your kid(s) while also minimizing any bitterness and conflict. A positive atmosphere is a good thing for children.
Details matter in child custody and child visitation cases. As a general rule, you want to work towards a mutually agreeable—and workable—parenting plan. Broadly explained, a parenting plan is a detailed agreement crafted by co-parents that outlines how they will raise and care for their child post-separation or divorce. It may include schedules for physical custody, decision-making responsibilities, and guidelines for communication, ensuring both parents actively participate in the child's life. To amicably resolve a child custody case in Texas, parents will often collaboratively develop a comprehensive parenting plan that covers all aspects of their child’s upbringing—from daily routines to special occasions. A well-thought-out parenting plan can prevent future disputes by providing clear (legally enforceable) guidelines.
You and your co-parent may be able to negotiate a custody and visitation arrangement in an informal setting. As a general matter, it is best to do so with guidance from a Houston child support lawyer. At the same time, many divorced/separated parents need additional structure to work out an amicable custody arrangement.
Mediation can be a great option in these cases. Mediation is a conflict resolution process where an impartial third party—the mediator—helps parties work towards a mutually acceptable solution to their issues. As it is private and non-adversarial, mediation can be a great option for custody cases. Notably, family mediation in Texas is non-binding. Settlement is fully voluntary.
Indeed, you and your co-parent may want to Opt for structured mediation to resolve custody issues. Mediation allows you both to discuss and negotiate custody arrangements in a controlled, neutral environment with the assistance of a mediator and support from your lawyer. The process promotes mutual understanding and can often lead to amicable solutions.
At Thornton Esquire Law Group, PLLC, our Houston family lawyer has extensive experience handling complex child custody cases. If you have any questions about working towards an amicable custody resolution, please do not hesitate to call us at (888) 378-1784 or contact us online for a confidential consultation. From our Houston office, we provide custody representation throughout Southeast Texas, including Harris County, Fort Bend County, and Montgomery County.