All parents have rights and responsibilities regarding their children, which is why custody issues are often at the center of divorce and paternity cases. Because of the personal subject matter, child custody matters are also among the most complex, highly emotional aspects of the legal process. As such, retaining experienced representation should be a priority to protect your interests and achieve your goals in a Texas child custody case.
Our attorneys at The Ramos Law Group, PLLC understand that child custody legal concepts might seem overwhelming, which is why we’re dedicated to guiding you through the process. We can explain the various types of custody arrangements and will advise you on the ways they impact child visitation and support issues. Please contact our office to set up a consultation with a child custody lawyer in The Woodlands, and check out a summary of the relevant laws.
Overview of Texas Child Custody Laws
The child’s best interest standard is the starting point for all issues related to minor children, including custody. In general, the law favors both parents having a relationship with the child through a co-parenting arrangement. As such, Texas presumes that both parents will have joint custody, referring to the arrangement as “joint managing conservators.” Parents each have equal say in the decision-making process regarding:
- Education;
- Health care;
- Extracurricular activities;
- Participation in religion; and,
- Other important areas of the child’s life.
In addition, one parent will also be granted residential custody representing the child’s primary residence. That individual is responsible for the care, well-being, and day-to-day decision making. The other parent has the right to visitation as described in more detail below.
There are exceptions to the presumption that both parents should enjoy decision making regarding the child. Joint managing conservatorship is contrary to the child’s best interests when substance abuse, domestic violence, and other issues are present that would adversely affect the child. In such a case, one parent may be named the sole managing conservator. The other parent may be a possessory conservator with visitation rights but the extent of possession and rights depends on individual circumstances.
Legal Proceedings Regarding Custody
Custody issues are common in divorce, but they may also come up in connection with paternity when a father seeks to exercise his rights as a parent. In either situation, there are two approaches to custody determinations:
- Parental Agreement: Parents can negotiate and enter into an agreement regarding custody, which may also include arrangements for visitation. The agreement can be entered in court, at which point it becomes a legally enforceable order. However, the judge must still meticulously review the agreement to ensure that it complies with the child’s best interests standard.
- Custody Hearings: When parents cannot reach a compromise on custody, the court will make the determination. The proceeding is similar to a trial in that each parent will have a chance to present evidence and testimony. Again, the child’s best interest standard is paramount. A judge will analyze each factor in the Texas Family Code and apply it to the situation to decide a suitable custody arrangement.
If you want to work toward an agreement on custody, our lawyers at The Ramos Law Group, PLLC will assist in negotiations, drafting a legally compliant agreement, and entering the proper orders in court. However, we’re ready to fight for your parental rights in court with a focus on how your goals align with the child’s best interests standard.
Standard Possession Orders in Texas Child Custody Cases
When one parent has residential custody of the child, the other parent will have the right to visitation; Texas law uses the term possession. In many cases, the standard possession order will be sufficient. It envisions that both parents will have equal time, including holidays, weekends, weekdays, summertime, and school breaks – as much as is practically possible.
In some situations, it may be in the child’s best interest to depart from the standard possession order. One parent can request additional visitation time through an expanded standard possession order.
Trust Your Family’s Interests to a Child Custody Lawyer in The Woodlands
As you can see, Texas child custody matters involve complicated legal requirements, whether you’re trying to work out an agreement or must go to court to exercise your parental rights. You’re in a better position to meet your objectives when you have skilled counsel on your side. If you’re a parent dealing with child custody issues in connection with a divorce or paternity case, please contact The Ramos Law Group, PLLC. We can set up a consultation to review your circumstances and determine the best strategy to move forward.