Are you going through a child custody dispute in Houston? Child custody is one of the most important parts of many divorces, and emotions understandably run high. You need experienced legal counsel to bring down the temperature, assert your rights, and seek the outcome that you and your children deserve.
Contact Mitchell Law, PLLC for a free consultation with an experienced child custody lawyer in Houston. We’ll review your case, explain your options for seeking custody, and help you develop a parenting plan showing the court that being in your care is best for your child.
Types of Conservatorships in Texas
In Texas, there are three types of conservatorship parents can seek or have issued by the court. These are sole managing, joint managing, and possessory conservatorships. In general, the state’s courts prefer to issue joint managing conservatorships, but the type you receive depends on the specific circumstances of your case:
- Sole Managing Conservatorship – In this type of conservatorship, one parent is the child’s primary legal and custodial guardian. Legal custody allows a parent to make decisions about their child’s life, including their education, healthcare, and religion. Physical custody refers to where a child will primarily reside. If one parent receives physical custody of their child, the other typically has visitation rights, barring some exceptions.
- Joint Managing Conservatorship – In a joint managing conservatorship, both parents share legal and custodial guardianship of their children. This form of child custody is the most common because the state recognizes the importance of having both parents play an active and engaged role in the upbringing of children. In a joint conservatorship, parents split physical custody 50/50 or agree on a different custody arrangement that fits their schedules and their child’s needs.
- Possessory Conservatorship – A possessory conservatorship is sometimes used when a joint managing conservatorship isn’t in the child’s best interest, but the judge doesn’t believe a sole managing conservatorship is necessary. Under this system, one parent receives visitation rights and can make decisions on behalf of their child while the child is in their custody.
How Do Judges Determine Child Custody?
While judges generally want to give custody to both parents to maintain the child’s relationship with them, the most important thing they consider is the best interest of the child. A child’s best interests include things like:
- Child Preference – If the child is 12 or older, they can request to live with one parent over the other. However, this is only a recommendation, and the judge may determine that it’s still in the child’s best interest to split their time between both households.
- Needs of the Child – If the child has particular needs that one parent or home can better serve, the judge will take that into consideration.
- Home Stability – If one parent moves frequently or various adults come and go from the home, the judge may place the child in the other parent’s custody to provide a more stable home environment.
- Parental Ability – If one parent has the ability and means to care for the child and the other does not, that often plays a role in custody determinations. A parent who cannot provide for their child may receive a possessory conservatorship instead of a joint managing conservatorship.
- History of Abuse – If one parent has a history of abuse against anyone in the household, that can significantly affect a judge’s determination.
When Can a Child Custody Order Be Modified?
If both parents agree to a custody order modification, they can do so without involving the court in most cases. However, there are also instances in which one party may seek a unilateral modification. Examples of circumstances that may necessitate a modification include:
- Changes in Needs – If your child’s needs change, such as having extracurricular activities or needing to go to a specialized school that doesn’t fit with one parent’s schedule, that could necessitate a custody modification.
- Relocation – If your child’s other parent relocates farther away, traveling between households could put unnecessary stress on your child. For example, if they move two hours away, it may not be reasonable to expect your child to want to spend half of their time so far from their friends and school.
- Changes in Employment – If one parent loses their job and cannot provide for the child anymore, that can necessitate a custody modification.
- Child Endangerment – If one household poses a danger to the child, the courts will often side with the other parent and grant them full custody. The parent whose household was dangerous may still retain visitation rights.
How a Child Custody Lawyer Can Help
If you’re dealing with a child custody dispute, having an experienced lawyer on your side can make the process smoother and less stressful. Some of the ways a child custody lawyer can assist are:
- Legal Guidance – Your lawyer can provide general legal guidance throughout the child custody process, including by helping you file motions with the court.
- Parenting Agreements – Your lawyer can help you write up a parenting plan agreement, which can minimize future disputes.
- Mediation or Court Representation – Your lawyer can represent you during mediation or court hearings related to the child custody case. Mediation is a form of alternative dispute resolution where the parties attempt to come to an agreement without involving the court system.
- Court Order Compliance – Your lawyer can help you comply with court orders. For example, they can help you understand the parental rights afforded to you by the Texas Family Code and the specific custody arrangement issued by the court.
Contact Our Child Custody Lawyers in Houston
Do you need the assistance of a child custody lawyer in Houston, TX? Contact Mitchell Law, PLLC for a free consultation with an experienced family law attorney. We’ll review your custody case, help you identify the strengths and weaknesses, and develop a strategy for seeking a custody agreement that meets your and your child’s needs.