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Protecting Your Legal Rights. Saving Your Family's Future. Filing for Custody? Let The Law Office of Erica P. Rios Steer You in the Right Direction.

El Paso Child Custody Lawyer

Your Child’s Wellbeing Is Our Priorityparents argue over custody

A child custody action can be one of the most emotionally taxing processes you face. While your goals must be taken into consideration, we understand that your child’s wellbeing and future are the most important aspects of your case. Our compassionate El Paso attorney will keep you and your child in mind as we help you proceed through a child custody action.

We will work hard to protect your rights and maintain your child’s welfare. We are well-versed in the different factors at play in custody decisions and we dedicate significant time to helping you understand what your options are through every step.

Call the Law Office of Erica P. Rios at (915) 255-3840 to get started on your case today.

Understanding the Child Custody Process

There are a variety of catalysts that can prompt a child custody dispute, be it a divorce, domestic violence accusation, or a separation. No matter your situation, we are well-versed in the unique differences between the various contexts for child custody cases and will pass that information onto you so that you can make smart, informed decisions.

Every state has different laws regarding child custody, so it’s important to have an El Paso child custody attorney who has experience handling cases in our state. In Texas, child custody is referred to as “conservatorship.”

There are two kinds of conservatorship in Texas:

  • Sole managing conservatorship: When only one parent is given legal rights to make decisions for a child.
  • Joint managing conservatorship: When both parents have rights and responsibilities regarding their child.

Whichever type of conservatorship is determined, both parents may still have specific rights or responsibilities regarding their child, including visitation rights and child support payments.

Legal vs. Physical Custody

  • Legal custody – This type of custody refers to the right and responsibility a parent (or both parents) has to make important life decisions on behalf of the child. Such decisions will include education, religious affiliation, medical choices, extracurricular activities, etc. Legal custody can be awarded to one parent or both parents.
  • Physical custody – This type of custody refers to who the child will physically live with. One parent could have sole physical custody or it could be shared between the two parents. If one parent maintains sole physical custody, then the other parent may be awarded visitation rights.

How is Child Custody Determined in Texas?

Custody is primarily determined by what is in the best interests of the child. Factors that are evaluated include:

  • The physical and emotional needs of the child
  • The stability of the home and environment
  • Th corporation between both parents
  • Who the child's primary caregiver was

How to Prove a Parent Unfit in TX

When determining custody of a child, a Texas judge will attempt to involve both parents, as they know how important it is for a child to have a mother and father in their life. However, the best interests of the child are the most important priorities, and a judge may be forced to give one parent full custody if the other is deemed unfit.

The following are guidelines that the state of Texas uses to help determine whether a parent is unfit:

  • Is there a history of domestic violence or abuse?
  • Does the parent provide a safe living environment for the child(ren)?
  • Is there a history of drugs or alcohol?
  • Are there pieces of evidence that prove that the parent is unfit? These can come from voicemails, text messages, witness statements, phone logs, and police reports.
  • Does the parent have a mental illness that inhibits them from carrying out their role as guardian?

Keep in mind, being ruled as unfit will not be an automatic elimination of your parental rights. The court will evaluate each factor and see if arrangements can still be made for supervised or non-supervised visitation.

Years of Experience Serving Clients Like You

By getting to know our clients and facilitating a positive relationship with them, we can appropriately strategize and prepare a case that prioritizes our clients’ goals. This personalized service ensures that your experience with us is as simple and stress-free as possible.

When you work with us, you have complete access to our bilingual child custody attorney who is available to answer questions and hold appointments at any time, even on the weekends. This dedication to our clients shows how seriously we will take your case. We know that your legal rights and your family’s future are at stake, and will work tirelessly to serve you.

If you need a child custody attorney, call the Law Office of Erica P. Rios at (915) 255-3840 today.

Our Clients Have Spoken

What They Have to Say About Our Firm
  • “I highly recomend the office of Erica Rios...”

    Sergio Chavez

  • “The most amazing lawyer I have EVER met”


  • “Extremely professional and dedicated law office”

    Tony Vela

  • “Seeing her handle the case and dictate the pace of the fight was amazing”

    Chris Chavez

  • “Thank you for protecting the best interest of my kids and myself.”


  • “In the end, the painful process was expedited by her. ”

    Past Client