Child custody is always difficult to negotiate, and even a divorce that’s going smoothly can face serious hiccups if the two parties have disagreements about how their children should be cared for. A Houston child custody attorney can help you understand what to expect and keep things moving as smoothly as possible under the circumstances.
What Should You Expect When Seeking Child Custody?
There are a few things to know in advance, and perhaps the most important thing to know is that Texas law does not automatically award custody to mothers or require
child support from fathers. In the past, there may have been a bias towards assuming that mothers are more nurturing and therefore the better caretakers for their children, while fathers are better able to earn a living and should therefore be ordered to pay support. Modern Texas law considers parents equally capable of both raising and supporting a child. It will require specific evidence to prove that either a mother or a father should not be given custody.
As you seek custody, you should expect that the courts will also look at several factors, and some of them will be very personal. The court will consider the way that each parent has treated the child prior to the divorce; the behavior of the parents towards each other as well as towards the children; how much interest the two parents have taken in their child’s life up to this point; and whether a parent knows key things about their child, such as preferences for food, names of medical providers, best friends, and more.
The court will also consider who is best able to provide well for the child, how marital property is divided in a divorce, and even the child’s wishes. The child’s wishes are never the final determinant, but if a child is 12 years or older, the court will seriously consider what they have to say.
FAQ About Texas Child Custody
Do I Need a Houston Child Custody Attorney?
While it is possible to bring a divorce and to argue child custody without an attorney, it’s never advisable to do so. A custody attorney knows not only what the law says but also what the local courts tend to do in these situations and can help you present your case in the most convincing light.
An attorney can also help you find and properly present whatever evidence is needed, either to show that you should be given custody or to show that the other parent should not.
Who Can Have Custody in Texas?
Texas law always allows either parent to seek custody of their child. Texas will also allow other people who have served in the capacity of a parent to seek custody, if they were in possession of the child for at least six months and took care of them in the way that the parent would. This would often include grandparents, domestic partners, stepparents, aunts and uncles, and sometimes even older siblings.
What Types of Custody Are There in Texas?
Texas uses the term “conservatorship” rather than custody and recognizes two types: possessory and managing. Managing conservatorship means making decisions for a child about important issues like where they will go to school, what healthcare they will receive, what religious training they will have, etc. Possessory conservatorship refers to physical custody.
A parent can have both types of conservatorship, neither type of conservatorship, or just one type. When both parents have possessory conservatorship, it is common for the court to nominate one parent as the primary conservator. This is usually the one that the child spends the most time with. The other parent would then be known as a possessing conservator and has the right to spend time with the child according to a schedule that the parents can work out together, or, if they cannot agree, that the court will assign to them.
How Do Abuse Allegations Affect Child Custody?
Texas courts take any accusation of abuse extremely seriously. If the accusations are even slightly credible, you can expect the court to investigate. It’s important to understand, however, that Texas courts also take false accusations just as seriously. If an investigation reveals that one parent made false claims against the other parent, then the parent who brought the false claims will likely suffer serious consequences.
If you have been falsely accused of abuse, the best thing to do is stay calm and talk to your lawyer. Your lawyer will help you fight back against these allegations, and the calmer you are, the easier it will be to show that you are not an abusive person.
If you are bringing accusations, again, talk to your lawyer, who can help you understand exactly what documentation the courts will require so that the judge will take what you say seriously.
If the Other Parent Stops Paying Child Support, Can I Refuse Them Visitation?
Custody and child support are two separate issues, so if your child’s other parent is not paying their court-ordered support, you will have to go to the court to get that order enforced. You are not allowed to deny visitation for any reason short of having an immediate and emergency fear for the child’s physical safety: the type of fear that would have you keep the door shut against the other parent and immediately call 911.
In all other circumstances, you are required to permit the court-ordered visitation. Talk to your lawyer right away if the other parent is not paying child support, as there are things you can do, and the court will help you. But if you deny visitation, the other parent can have orders taken out on you to force you to allow them visitation rights.
What Is Supervised Visitation?
If you have been allowed only supervised visitation, you can rest easy that the child’s other parent will not be the one supervising you. And if you are concerned that the child’s other parent is dangerous and the court refuses to deny visitation entirely, one option to then request is supervised visitation. You can have peace of mind knowing that a trained professional is overseeing all interactions between your child and the other parent.
With supervised visitation, a visitation specialist oversees the parent and child as they interact. The visitation specialist is certified by the Texas Attorney General’s office and is trained in how to keep children safe while not interfering with the parent-child relationship.
What Is a Temporary Custody Order?
Temporary custody orders are issued by the court for emergencies where there is a “clear and present danger.” If there is an immediate danger to your child, of course, you call 911. Otherwise, you’ll talk to your lawyer about getting temporary custody orders that will keep your child away from the other parent until you’ve had time to bring a case before the court for you should have sole custody. Just bear in mind that if you do not have a court order giving you sole custody, you cannot attempt to keep your child from their other parent without temporary orders.
