How to File for Child Custody in Dallas, Texas

Dallas has seven Family District Courts where petitions for custody are filed.

In 2005 the Texas Legislature made changes to the law regarding custody. The legal term for custodial parents is now "Joint Managing Conservators." Parents are required to set forth a parenting plan that allows for quality time with each to ensure strong relationships for the child. When agreements can't be reached regarding primary physical custody or visitation, Dallas County Family Court Services will order a "Social Study" and make recommendations to the court regarding the data they collect. To avoid this, file for custody with the best interests of the child, rather than emotions, in mind.

Things You'll Need

• Custody and Family Law attorney
• Court fees

Instructions

Filing for Emergency and Non-Emergency Custody in Dallas,TX

1. 

   A judge will grant temporary emergency custody in extreme situations.

   Seek immediate custody if child is in danger. Motions for emergency custody in cases of child abuse and neglect are seen before the judge immediately. Do not wait to petition for divorce if the child is in danger. Contact a family advocate, law enforcement and Dallas County Family Court Services to protect the child. A history of family violence will be considered by the court during the custody proceedings.

2. 

   Choose a lawyer in the Dallas area that has experience in custody cases.

   Hire a Custody and Family Law attorney or mediator in the Dallas area. If you are filing for uncontested divorce, where the parties are in agreement on all issues, then the process for filing and being granted custody will be easier. For contested divorces, with disputes over all issues, you must petition for custody through initial divorce papers then wait for the counter-petition from the other party. The sooner a custody agreement is in place, the sooner final judgment will be made on your case. Shared parental responsibility is the goal.

3. 

   Make a worksheet that lists monthly bills related to the household, including parenting expenses such as day care.

   Make a parenting schedule and organize bills by date. If you are seeking primary physical custody under a contested divorce, begin making a schedule of your daily tasks related to parenting. This schedule will show your dedication to caring for your child. Include medical bills, grocery receipts and all activities that prove you have head of household duties. Your attorney will present this to the court for consideration in regards to final judgment.

4. 

   Case workers are assigned during a Social Study to collect informative data about the family.

   Participate openly in Social Study if ordered. If Dallas County Family Court Services orders this through the court, be open and honest about parenting with this agency during the study. There are many resources available in Dallas to parents that help in all regards of parenting. Consider any referrals they provide that make things easier for your family. Recommendations made by Family Court Services are considered by the court, not ordered.

5. 

   After all parties sign the final judgment, the order is put into place.

   Communicate often with your attorney. Filing for child custody in a non-emergency situation involves a multitude of steps based upon what transpires during the court proceedings. Each case is different, so be prepared, organized and patient. If at any point mediation becomes possible, notify your lawyer immediately. Mediation allows all parties to agree on a parenting plan that benefits the child. When final judgment is made, you will receive paperwork regarding the granting of custody. Keep this paperwork in a secure, safe place and make multiple copies for day care and schools to have on file.

Tips & Warnings

• In Dallas, children 12 years of age or older are allowed to file an affidavit with the court describing parental preference. The judge will take preference into consideration when making a final judgment.

References

• Raggio Law: Changes to Child Custody Laws in Texas
• Help Yourself Divorce: Texas Child Custody Laws
• 411: Custody Lawyers in Dallas Results
• 411: Family Lawyers in Dallas Results

Resources

• Dallas Family Courthouse: List of District Courts