Child custody cases can be challenging and difficult to resolve because separating or divorcing parents often do not share the same views on what is best for their children. These cases can be emotionally charged and complex.  We understand that the well-being of your children is the most important issue in your case. We work with both mothers and fathers to develop a personalized strategy to achieve the outcomes you seek given your family’s unique needs. Ideally, parenting plans are reached through cooperation and negotiation; however, when an agreed parenting plan cannot be reached, we are skilled custody trial attorneys and will advocate for your objectives at time of trial. 

The child’s best interest is paramount in custody cases. When parties cannot reach an agreement on child custody issues, the Court will issue orders determined by the court to be in the child’s best interest. The Court will closely examine the evidence presented by both sides to issue orders it believes best protect the child’s well-being.  In Texas, it is presumed that both parents should have frequent and continuing contact with their children. However, there are exceptions, and issues of domestic violence or a history or pattern of child abuse or neglect can also be extremely relevant to child custody determinations.

In Texas, child custody matters involve issues of conservatorship and possession and access. 

Conservatorship involves decision-making authority regarding your child’s health, education, and welfare. Generally, there are two options for conservatorship: Joint Managing Conservatorship, where the parents share in the decision-making for their children; and Sole Managing Conservatorship, where one parent has the sole decision-making authority. 

Possession and Access refers to the specific days and times that the children are with a parent. This is sometimes referred to as “visitation.” In Texas, it is presumed that the Standard Possession Order (“SPO”) is the parenting plan schedule that is in the child’s best interest. However, a parent can rebut the presumption that the SPO is in the child’s best interest. 

Child support can be a contentious issue in a divorce or custody case. In Texas, child support generally lasts until the child reaches the age of 18 or graduates from high school, whichever is later. When parents cannot agree on child support, the Court will decide the matter, usually by applying the guideline child support formula, subject to exceptions for situations where the guideline child support formula is not appropriate.  

The Court is granted wide discretion in the areas of conservatorship, possession and access, and child support to issue orders that are best for your children. This discretion can make child custody cases especially difficult. It is important to have an experienced family law attorney guiding you through the complex child custody and support process to ensure your children and your rights are protected. At Smart & Malone Family Law Group, PLLC, we work tirelessly to advocate for your specific legal needs. 

Child Custody & Support

Child custody cases can be challenging and difficult to resolve because separating or divorcing parents often do not share the same views on what is best for their children. These cases can be emotionally charged and complex.  We understand that the well-being of your children is the most important issue in your case. We work with both mothers and fathers to develop a personalized strategy to achieve the outcomes you seek given your family’s unique needs. Ideally, parenting plans are reached through cooperation and negotiation; however, when an agreed parenting plan cannot be reached, we are skilled custody trial attorneys and will advocate for your objectives at time of trial. 

The child’s best interest is paramount in custody cases. When parties cannot reach an agreement on child custody issues, the Court will issue orders determined by the court to be in the child’s best interest. The Court will closely examine the evidence presented by both sides to issue orders it believes best protect the child’s well-being.  In Texas, it is presumed that both parents should have frequent and continuing contact with their children. However, there are exceptions, and issues of domestic violence or a history or pattern of child abuse or neglect can also be extremely relevant to child custody determinations.

In Texas, child custody matters involve issues of conservatorship and possession and access. 

Conservatorship involves decision-making authority regarding your child’s health, education, and welfare. Generally, there are two options for conservatorship: Joint Managing Conservatorship, where the parents share in the decision-making for their children; and Sole Managing Conservatorship, where one parent has the sole decision-making authority. 

Possession and Access refers to the specific days and times that the children are with a parent. This is sometimes referred to as “visitation.” In Texas, it is presumed that the Standard Possession Order (“SPO”) is the parenting plan schedule that is in the child’s best interest. However, a parent can rebut the presumption that the SPO is in the child’s best interest. 

Child support can be a contentious issue in a divorce or custody case. In Texas, child support generally lasts until the child reaches the age of 18 or graduates from high school, whichever is later. When parents cannot agree on child support, the Court will decide the matter, usually by applying the guideline child support formula, subject to exceptions for situations where the guideline child support formula is not appropriate.  

The Court is granted wide discretion in the areas of conservatorship, possession and access, and child support to issue orders that are best for your children. This discretion can make child custody cases especially difficult. It is important to have an experienced family law attorney guiding you through the complex child custody and support process to ensure your children and your rights are protected. At Smart & Malone Family Law Group, PLLC, we work tirelessly to advocate for your specific legal needs.