Child Custody and Visitation
Custody and visitation issues are determined by a standard of what is in “the best interest of the child.” The issues are the respective rights, duties, and obligations of each party as a parent, the parties’ respective periods of possession, and the primary residence of the child. There is a strong presumption under Texas Law that each parent should serve as a joint managing conservator of their child and be able to agree upon periods of possession and access to the child, but if they cannot reach an agreement, the court will begin with the Standard Possession schedule mandated by the legislature and adjust possession and access based on the facts of the case. At Quaid & Quaid, LLC, we understand that the issue of who will “raise” the children can be an emotionally charged one, and we take steps to protect our clients and their children in this emotional battlefield. However, we also understand that except in the rarest of cases, it takes both parents to “raise” a child and the fact that there is a child of the marriage will tie the parties together forever. We encourage our clients to be cognizant of this fact and the effect of protracted and overly aggressive litigation on their child and their ability to interact in the future for their child’s benefit. We therefore encourage attempts to find areas of common ground, which are usually the actual best interests of the children as expressed by the parents who know and raise them, rather than the Judge who only knows them through courtroom testimony. Mediation and the collaborative law process are invaluable tools in this regard.