In Texas, there is a rebuttable presumption that parents serve as Joint Managing Conservators of their children. In Texas, “Conservatorship” is a new word for “Custody” of the children. Joint Managing Conservatorship does not necessarily mean that each party will have the children one-half of the time. Joint Managing Conservatorship means that the parents will either share, allocate, or apportion parental rights and duties. Comparable to “joint custody” in many states joint managing conservatorship refers to decision processes and not to where the child resides or who might pay child support- these are separate issues. For a copy of the state code: Texas Family Law Code
Texas Divorce and custody information
Child custody disputes are often the most stressful parts of any divorce. It is painful for many parents to think about not having their child living with them full time. Spouses seeking a Texas divorce must consider important questions, such as where and with whom their children will live, who will be responsible for making important decisions about their lives, how their financial needs will be met, and what contact they will have with each parent. Ideally, both parents should weigh these questions together and work to try to attain an arrangement in the best interests of the children. Regrettably, this is not always the case and the Houston child custody case will have to go through the Texas court system.
The primary determination that a Texas family court will make regarding children of divorce is that of custody. A parent can have a sole or joint custody arrangement. There are two types of child custody in Texas, legal custody and physical custody. Legal custody refers to the parent who will make the major decisions for the child regarding such issues as education, medical care, religion, health, and emotional development. A notable exception to the decision making the right of the legal custodial parent is that a parent with sole legal custody cannot remove minor children from Texas without the permission of the non-custodial parent or a Texas court. Joint legal custody, in which the decision making responsibility is shared by both parents, is quite common in Houston divorces.
Making A Plan That Protects Your Parental Rights
When determining parenting time, it is best for parents to work together on a plan that preserves the child’s relationships with both parents. This will lessen the chance of the court stepping in and making a decision that can cause one or both parents a lot of pain. We can help you work on a parenting plan that takes into account:
- Where the child will live and the amount of parenting time for each parent (previously referred to as custody and visitation)
- Where the child will spend holidays, birthdays and school vacations
- If the child will stay with the other parent when the other parent is out of town or unavailable for some reason
- What happens if an active duty military parent is deployed overseas
As experienced family lawyers, we can help you determine the best way to protect your and your child’s interests.
Remember, A Parenting Plan Can Be Changed
Circumstances are likely to change a lot before your children turn 18, especially if they are very young. For circumstances like a parental relocation, a military deployment, a health emergency or the safety of the child, it can be possible to modify a parenting plan. Under Texas law, parents can modify a parenting plan if they can show a “substantial change of circumstances.” In addition, modifying a parenting plan must be in the child’s best interests. We can evaluate your case and help you determine the best way to proceed.
Why You Might Need a Houston Child Custody Attorney
Determining child custody is one of the court’s most important decisions. A child custody lawyer Houston is a professional in representing their clients in these types of hearings and presenting evidence that explains why their clients must have custody of their child. There are many mitigating factors that the court considers when awarding child custody.
Houston Child custody attorneys practice in the family law area of the legal profession. A child custody lawyer Houston is often also the client’s divorce attorney. This area of the law can be very complicated, and this takes an experienced child support lawyer to put up a good fight.
Child custody in Houston is not often given to the mother of the child. Joint parental care is preferred. However, one person is regarded as the primary custodial parent. Child custody lawyers can show your case to the judge outlining the reasons why you feel you would be the far better choice for the primary custodial parent. Houston Child custody attorneys also work closely with private investigators to learn as many details in the case as possible.
Our Child custody attorneys will spend a lot of time meeting with possible witnesses on your behalf, developing a schedule for visitation to show to the other parent, and working with the court to show which parent is most suitable for custody.
Some custody cases can become rather emotional and volatile. The proper child custody lawyer at our firm will defend your legal rights as a parent and hopefully gets you the outcome you would like.
All of our child custody attorneys in Houston give some abilities and are a seasoned group of talented attorneys, oriented into getting success. The level of our law firm is exceptional because every attorney brings to the table his or her talents. All of us demonstrate remarkable intensity in the courts. We likewise show extraordinary power in our capacity for excellent research and documentation fundamental for winning cases since several Houston child custody cases are usually resolve without ever going to trial.
We make your Houston child custody dispute case and other cases our primary concern, and by way of hard work, commitment, and complete use of our knowledge, we fight for favorable resolutions. With a close eye on deadlines and court dates, we make clear Houston the progress of the case to you and let you know what comes next. We encourage you to communicate with us through telephone calls or e-mail. We pay attention to your responses, respond to your inquiries and carry out almost everything possible to let you know what you should expect. By staying in communication, we invite your participation and allow you to experience our hard work to deal with your case positively. Alongside one another, we work to prevail.
Winning means making our work efficient and effective. Through advanced technology, we have computerized our practice, which raises efficiency and allows us to be more cost-effective. Almost all of our research is carried out by the Internet, saving time and legal fees.
To understand more about our Houston Child Custody Attorneys and how we can assist you to, please make sure to phone us right away. We all look ahead to hearing from you either through email or directly by contacting our Houston child custody lawyers immediately. We will undoubtedly arrange a free of charge consultation with you to talk about your concerns.
Before parents can take care of the concerns of custody and visitation of their minor children, there has to be an officially filed underlying action in the state family law court.
This means your family law lawyer will file a petition for divorce or paternity (unmarried).
If the parents are married, either the mother or the father’s family law attorney may file an action requesting the dissolution of marriage, legal separation, or nullity or file the petition for custody and support of minor children’s activity.
In case the parents are unmarried, either the mothers’ or the fathers’ family law lawyer can file an action to establish the parental relationship or file the petition for custody and support of minor children.
It is typically accomplished by having a seasoned family law attorney file an Order to Show Cause. This process provides for temporary orders to be presented before a trial or judgment. You may also file an Order to Show Cause post-judgment.
Precisely what can you do to help your Houston Child Custody Case?
You can help immensely on this necessary family law process. It is possible to help keep the cost to a minimum of your family law situation by giving the four essential information inputs demanded and necessary in all family law cases with custody issues:
1) Your Story
One to two pages, double spaced, 12 point font. If correct, briefly explain how you have been the primary caregiver. Also briefly point out any proper, improper behavior by the opposing party. Reflect on the standard points of being a parent:
- Scholastic (educational)
- Extra-curricular (sports, music, ballet, amusement parks, museums)
- Medical (doctor visits)
- Homelife, living environment (home accommodations)
- Religious affiliation
2) Income and Expense Declaration Form
Talk to our firm for this Income and Expense Declaration form. Fill up this form out as best as you can. Be truthful. If possible seek assistance from a bookkeeper or accountant.
You may use a pencil, and it may be in your handwriting, be neat. Present all supporting documents you can use, such as a pay stub, tax return, and copies of other financial accounts.
After you have done the very best that you can, deliver it to our firm so we can assist in the finalization of the Income and Expense Declaration form. Our family law attorneys will undoubtedly review your declaration before filing in the family law court.
3) Future Custody Plan
Please give us 1 to 2 pages making clear your custody goals. Give attention to what is in the most significant interest of the children. Describe the way you would want to exercise custody of the child or children.
The legal courts want the two parents to get involved in the raising, loving and caring of children.
Keep in mind, children are innocent and are our country’s potential future citizens. Kids are dependent upon us for their well being.
Remember, family law courts want to maintain the status quo except if there is information shown that would require a change to a visitation schedule.
4) Evidence
Evidence in family law concerns eventually becomes exhibits. Exhibits are merely just included in an arranged fashion into any package of court documents your family law lawyer files on your behalf.
Whenever you officially request something, like Houston child custody or child support orders, in court, it must be formally filed on your behalf by your family law attorney.
What this means is to get any document that shows anything you explained or asked for in items #1 – #3 above.
Bear in mind among the most beautiful ways to make sure you will be successful in guarding your kids is to become precise, prepared, and arranged with the required proof, i.e., evidence!
Can I get joint custody of my children?
Some states have a joint custody law that promotes judges to give joint legal custody to parents. Therefore both parents have a right to make decisions related to their children for example education, treatment, and religious training.
A legal court also can award physical custody to one or both parents. Physical custody establishes where the child will live it is most common for the children to spend most of their time with one parent.
The parent who doesn’t get primary physical custody is usually given secondary physical care or visitation rights.
It is most common for the non-custodial parent to obtain specified periods consisting of alternating weekends, one evening per night and one-half of the children’s school vacations.
In some cases, the parents agree with reasonable secondary physical custody or visitation rights, which mean that the parents agree on the times when the non-custodial parent may have the children.
When I get custody of our children, may I relocate with them to another metropolitan area?
In some cases, a judge will issue orders preventing either parent from changing the residence of the children from a given geographical area.
In your area, it is not unusual for a judge to restrain the parents from removing the home of the children from nearby counties. These kinds of orders are typical where both parents have a significant amount of time with the children, and removing them from the metropolitan area could be disruptive to the children, and their particular development.
Throughout the last decade, state courts have been working with the right of a custodial parent to go with the children to a new metropolitan area or out of state. Under the new rule, the custodial parent usually has the right to determine where the children are to live, as long as he/she isn’t relocating to refuse the other parent access to the children.