Child Custody Attorney in Houston
Child custody is one of the most delicate issues in a divorce. The kids involved are the most important of all people who are affected. As parents, you need to agree on what is best for your children. That is why you need an experienced child custody attorney in Texas to help you resolve this issue. We can help.
For representation in child custody disputes,
call 281-531-0902. We give free phone consultations.
Although agreeing on a child custody arrangement might not come as easily as you would hope, we can give you information to help you understand the guidelines and protect your relationship with your children. Every spouse and parent should understand the basics of the law and court procedures in order to make better decisions.
An out-of-court settlement is always better than lengthy litigation, which has high financial and emotional costs. However, some cases have to go to court, and you will need an experienced attorney who is familiar with the law and the local courts.
In Texas child custody cases, as with all other states, the court will always be looking out for the best interests of the children. What you want, or your spouse wants, is not really relevant until the court says it is. Many parents go to hearings not realizing that they must portray themselves as the best custodial parent rather than plead to the court that they simply deserve the kids. The court would much prefer the parents decide who should have care of the children. But if they can’t, the court will do it for them.
Here are some frequently asked questions concerning child custody:
- When would I need a custody order?
- What does child custody or conservatorship involve?
- Can the kids tell the court which parent they want to live with?
- What is sole/joint conservatorship?
- What is a visitation or possession order?
If you are currently married and in the process of a divorce or separation, you would need a child custody order. You also may need one if there is a paternity suit in progress. iIn Texas, the term “custody” is not used. The term used is "conservatorship", which is a legal term to mean "decision-making."
The court will always consider the best interests of the children in determining conservatorship. Generally, courts do not consider the gender of the parents and/or the children when making that decision. In fact, courts in Texas are likely to grant joint conservatorship to both parents.
The court may interview a child aged 12 or younger to understand their wishes. If older than 12, they can put their wishes in writing. However, the court will follow the "best interests of the child" standard in making its decision, and not necessarily the wishes of the child.
Sole conservatorship means only one parent has care and decision-making rights for the kids. Joint conservatorship means both parents have rights, but it wouldn't necessarily be equal; one may have more time and/or rights than the other. In Texas, the court generally orders both parents as joint conservators because that would be in the best interests of the children. It will then take into account the specifics of the case to see if that presumption is valid for that specific case.
A visitation or possession order is an order giving a set of dates and times for the parent that the kids are not living with to spend time with them. The dates and times are comprehensive, covering all major holidays.
For legal help contact a child custody attorney in Houston, Katy, West Houston, Sugar Land, Stafford, Jersey Village, West University, and Piney Point Village.