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Frequently Asked Questions about Child Custody and Visitation

Q: What is the difference between legal and physical custody?

A: Physical custody refers to where the child lives and who has responsibilities associated with daily childcare. Legal custody is the decision-making responsibilities associated with the education, healthcare and religious upbringing of a child.

Q: When parents fight over custody, how does the court decide?

A: The typical standard is the best interests of the child. Each state has specific guidelines, but the court usually takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker, the parenting abilities of each parent and whether there is a history of abuse.

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More than 1 million children experience parental divorce each year in the United States.

Law Office of Douglas C. Smith - El Paso Family Law Attorney

For the advice of an experienced civilian and military family lawyer, contact me in El Paso at the Law Office of Douglas C. Smith. I can offer resourceful and reliable guidance on such issues as:

  • Child support enforcement under Title IV-D of the Social Security Act
  • Valuation of complex marital estates
  • Division of military retirement benefits as Texas community property
  • Prenuptial agreements
  • Child support determination problems in divorce or parentage proceedings

With my experience as an Army JAG officer followed by 25 years of West Texas family law practice, I'm usually able to resolve the difficult family law problems that uniformed military personnel and their spouses frequently face under the Texas Family Code.

El Paso family law attorney Douglas C. Smith advises and represents West Texas clients and military personnel at Ft. Bliss and all over the world in divorce cases, child support and custody issues, marital property division problems, military divorce questions, and estate planning in El Paso County, the Middle East, Asia, Europe, Iraq, Qatar, Afghanistan, Kuwait, Korea, Japan, Guam, Germany, the Republic of Mexico, and Guantanamo Bay.

Child Custody and Visitation - An Overview

Parents who are divorcing have much to consider. Uppermost in their minds is often child custody. Child custody and visitation/parenting time can come in many forms. Joint custody and sole custody; legal custody and physical custody; custody evaluations and modifications: all are terms with which a divorcing parent will become familiar. Knowledgeable advice and skilled representation from an experienced family law attorney can assist you in your pursuit of a fair custody arrangement.

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Creating Parenting Plans that Work

A parenting plan is an agreement between parents who are either divorced/divorcing or never married, and it outlines the custody of their children. It takes into account arrangements such as who has the children on which days; who makes major decisions about the children's education, health, etc.; and what to do if any party's situation significantly changes. Parents who agree on a parenting plan rather than let the court decide are more likely to comply with custody arrangements.

Sitting down with the spouse you are divorcing to work out a parenting plan may seem like the last thing you want to do, but this approach holds many advantages. You are the people who know your children best: their needs, their schedules and their preferences. By working together to create a parenting plan that satisfies the needs of your new family structure, you will avoid the possibility of a court's less nuanced solution. A court can only know what you tell it about your family's particularities, but you and your spouse are already exceptionally familiar with the territory. A family law attorney can help you create a plan that is right for you and your family.

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Divorce Education

Each year, about 1 million American children see their families changed through divorce. The ongoing health and mental well-being of these children often depends upon how their parents interact following the end of the marriage. An experienced family law attorney can inform, guide and support you throughout the divorce and custody process.

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Custody and Visitation Dos and Don'ts

One thing divorce does not change is your being a parent. Whether you develop a traditional visitation schedule or a flexible co-parenting plan, whether the arrangement is temporary or permanent, you can help make the time you spend with your children happy and productive. When questions regarding custody and visitation arise, an experienced family law attorney is the ideal source for competent counsel.

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Custody Evaluations: What You Should Know

If you and your former spouse have been unable to reach an agreement regarding child custody, the family court judge deciding your case may order a custody evaluation. A custody evaluation is a process in which a mental health professional, usually a psychologist, evaluates you, your children and your spouse in order to make a custody and visitation recommendation to the court. Courts tend to give considerable weight to the recommendations of the evaluator. A family law attorney can explain custody evaluations and answer your child custody questions.

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