Child Custody Lawyer
When parents separate or divorce, one of the most important questions is “Who will the child go to?” For these children, the thought of their parents not being together is already hard, but being caught in the middle of a custody dispute can be very painful.
Throughout the whole process, they may feel – confusion, anger, guilt, fear, and pain – and sometimes even believe they are the reason their parents are going apart. The sensitive issue of child custody is the biggest reason why a child custody lawyer is highly needed.
At Albizu Law Firm, we understand the need to want your child with you after a divorce or separation. That is why we are committed to securing a fair custody arrangement the first time, because once a decision is made, it can be difficult to change. Our child custody lawyer can help build a strong case for you, showing that you are a parent who can give your children a safe, stable, and loving home.
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Understanding Child Custody
Child custody refers to the legal and physical responsibility a parent has for their child.
- Legal Custody – The right to make major decisions for your child, such as education, healthcare, and religious upbringing.
- Physical Custody – Where the child primarily lives and who provides their daily care.
In most cases, courts prefer for both parents to play an active role in their child’s life, but circumstances such as safety concerns, relocation, or one parent’s inability to provide stability can affect the outcome.
What Factors Do Courts Consider in Custody Cases?
Judges take many factors into account when making custody decisions. According to the law, the court focuses on arrangements that best support the child’s needs – physically, emotionally, and developmentally by considering the following:
- The child’s age and needs.
- Each parent’s ability to provide care, housing, and stability.
- The child’s bond with each parent.
- How willing each parent is to support the child’s relationship with the other parent.
- Any history of violence, substance abuse, or neglect.
- The environment the child will get to continue living in.
- The child’s own wishes, if they are old enough.
- How parents will handle the custody.
- Details concerning legal and physical custody.
Common Custody Arrangements
After considering the factors surrounding the child, the court decides how the child’s time and responsibilities will be shared. The main types of custody arrangements include:
Joint Legal Custody with Primary Physical Custody
Both parents have the right to make important decisions for the child, such as school or medical care. However, the child mainly lives with one parent (called the primary custodial parent) and spends scheduled time with the other parent.
Equal Shared Custody
Both parents share legal and physical custody equally. This means the child spends about the same amount of time living with each parent, and both parents make major decisions concerning the child together.
Sole Custody
One parent has full legal and physical custody. This usually happens if the court believes it is not safe or practical for the other parent to have custody.
Visitation or Parenting Time
A parent who does not have custody may be granted scheduled visits, either supervised or unsupervised.
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Options for Custody Case Settlement
Not every custody dispute needs to turn into a long, expensive court battle. However, in certain cases, that’s the path that is taken, and available options include:
Mediation
This option allows parents to work with a neutral third-party mediator or their child custody lawyer to create a parenting plan. This process encourages open communication, cooperation, and compromise while focusing on the child’s best interests.
Collaborative Law
In collaborative law, each parent hires their own attorney, but both agree to resolve the dispute without going to court.
Negotiated Agreements
Both parents negotiate and reach an agreement with the help of their lawyers that is submitted to the court for approval. This makes it legally enforceable while avoiding the strain of a long trial.
Court Litigation (When Necessary)
While out-of-court settlements are often less adversarial, litigation may still be necessary if one parent refuses to cooperate or if serious concerns such as abuse, neglect, or relocation are involved.
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Why Choose Albizu Law Firm?
Choosing the right child custody lawyer can make all the difference in your case. At Albizu Law Firm, we handle custody cases with a unique blend of compassion and determination. Here’s how:
- Child-Focused: Even in the most challenging situations, we never lose sight of the fact that custody decisions impact children most of all. Our goal is always to protect their happiness, stability, and future.
- Strong Negotiation Skills: Many custody disputes can be resolved outside of court. Our child custody lawyers aim to reach fair agreements through negotiation and mediation whenever possible.
- Custom Strategies: We do not compare or join your cases with others. We take time to listen to your story, analyze the situation, understand your needs, and build a strategy that is favorable to you and your child.
- Clear Communication: We take pride in our communication abilities. We know that custody cases are complex and require all levels of patience and clear understanding to navigate. You are never left in the dark; we’ll explain each step in plain language and keep you informed throughout the process.
Get Your Custody Support from Albizu Law Firm
At Albizu Law Firm, we want the best for your child, just as we want the best for you. Led by attorney Iris Albizu, we have represented a wide range of clients in Austin, Texas, surrounding areas, and throughout the U.S. in select family law matters. Call us today at 512-601-5597 or fill out the form on our website here to schedule a consultation today.