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Family law disputes are often legally complex and emotionally demanding, and child custody disputes are no exception. 

In 2021, family cases comprised 44% of the civil caseload in Texas courts, a significant portion of which involved child custody-related matters. When it comes to something as precious as your children, finding the right legal representation is paramount to protecting your rights and interests to the greatest extent possible. 

Today we’ll discuss child custody matters and how a Cypress child custody lawyer from the Ramos Law Group, PLLC, can help fight for your rights. 

Ramos Law Group, PLLC: Your Trusted Child Custody Lawyer in Cypress, TX

At the Ramos Law Group, PLLC, our mission is to fiercely advocate for you as you navigate the complexities of your family law dispute. We pride ourselves on specializing in family law, and we devote a significant portion of our practice to child custody matters. Thus, when you hire our team, you can feel confident that we have the knowledge and skills necessary to handle whatever your case requires. 

Our experienced Cypress child custody attorneys can help you: 

  • Understand your legal rights, responsibilities, and remedies; 
  • Assess the strengths and weaknesses of your case; 
  • Develop customized strategies to reach your unique needs and goals in as amicable a manner as possible; 
  • Prepare and file any necessary legal documents to initiate or further your custody case; 
  • Pursue enforcement or modification of existing custody and visitation orders; 
  • Negotiate potential out-of-court settlements with opposing parties and their legal counsel; 
  • Advocate on your behalf and in the best interest of your children; 
  • Gather critical evidence and information to help support your claims; and 
  • Represent your interests in court when an out-of-court resolution is not feasible. 

Working with an experienced family law and custody attorney can often be a significant benefit to your case. And when something as important as your time with your children is at stake, having a knowledgeable professional in your corner can make a tremendous difference in your case outcome.

Texas Child Custody Overview

Let’s take a closer look at some important information about custody and visitation in Texas.

Managing Conservatorship

Texas law formally refers to child custody as “conservatorship.” Conservatorship refers to a parent’s legal rights and responsibilities with respect to their child or children. There are two types of conservatorships, managing conservatorship and possessory conservatorship. First, we will discuss managing conservatorship, which refers to a parent’s ability to make life decisions for their child. This is further broken down into sole managing conservatorship (SMC) and joint managing conservatorship (JMC). 

When the court appoints both parents as joint managing conservators, this typically means that they will share decision-making authority regarding the child’s health, education, welfare, and general upbringing. Conversely, when the court appoints one parent as the sole managing conservator, that parent will typically have the exclusive right to make these sorts of decisions about the child’s upbringing. 

Courts typically prefer to allow both parents the right to participate in making life decisions for their children. However, in some instances—as when the parents have a violent or tumultuous relationship where they cannot communicate effectively—the court might conclude that the child’s best interests are better served with one parent making these decisions alone.

Possession and Access Rights

In addition to appointing one or more managing conservators, the court may also appoint possessory conservators. A possessory conservator is a parent who, although they may not be the one making decisions for the child, still has legal rights to possession and access to the child. In other words, regardless of who is making the decisions for the child, both parents usually have the right to see and spend time with their child. The court would only take this right away in extreme circumstances—usually when seeing one parent could endanger the child.

The Best Interest of the Child Standard

The “best interest of the child” standard is a pivotal concept in child custody matters. This standard states that the primary consideration when making determinations in custody matters is what is in the best interest of the child. In other words, the court will not put parental interests before the interests of the child or childrenchild’s best interests.

Speak with an Experienced Cypress Child Custody Attorney Today

Child custody matters are never easy. However, having the right team of professionals in your corner can make all the difference. We hope we can be that team for you. 

At the Ramos Law Group, PLLC, we focus 100% of our efforts on the practice of family law. But don’t just take our word for it—take a look at the many high-quality reviews from our past clients. 

Contact us today to discuss your case and see how our team can help fight for your family and your rights moving forward. 

FAQs

Can Only the Parents of the Child Pursue Custody and Visitation Rights?

No, custody and visitation rights are not solely limited to a child’s parents. For example, under Tex. Fam. Code. § 153.431, if both parents have passed away, the courts may appoint a child’s grandparent, aunt, or uncle as conservator. However, Tex. Fam. Code § 153.372 tells us that even if both parents are alive, in certain circumstances, nonparents may be appointed as conservators. And under Tex. Fam Code § 153.432, a grandparent may file a lawsuit seeking possession or access to the child, even if they are denied or are not seeking conservatorship of the child.   

Is the Child’s Mother Always More Likely to Be Granted Sole Custody? 

No, a mother will not always be appointed sole managing conservator of the child. In fact, Tex. Fam. Code section 153.131(b) specifies that appointing both parents as joint managing conservators is presumed to be in the child’s best interest. Unless there is evidence indicating that doing so would be improper, joint custody between both parents will generally be the default. 

Do I Have to Hire a Child Custody Attorney to Win My Custody Case? 

No. Hiring an attorney is not required in a Texas child custody case. However, an experienced Texas family law and child custody attorney can provide valuable legal guidance and assistance. They know what issues have the most legal influence and which arguments to emphasize to the court to get the outcome you believe is best for your kids. Therefore, a lawyer can significantly improve your chances of success and alleviate much of the stress of navigating a custody dispute.

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Our Client Testimonials

Superb Law Firm

The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.

Worth Every Penny

"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."

Custody case won

"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "

Divorce Attorney

"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "

Highly recommend

"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "

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