What Steps Should You Take When Filing for Child Custody?

On Behalf of Robert S. Clark Sr.

Nov 01, 2024

In a divorce or separation, it’s important to set aside conflict when making decisions about child custody and focus on what is best for the child. Here’s a short guide from a child custody attorney in Houston, TX, on the steps involved in filing for child custody.

What Steps Should You Take When Filing for Child Custody? An Overview from a Child Custody Attorney in Houston, TX

The two main types of custody are legal custody and physical custody. Legal custody involves the right to make significant decisions about your child’s life, such as their education, medical care, and religious upbringing. Texas courts often grant joint legal custody, so that both parents share in making decisions.

Physical custody, on the other hand, involves not only the child’s primary residence but also the logistics of daily care and a supportive home environment for the child. When one parent is granted primary residence status, it means the child will primarily live with that parent, while the other parent typically has scheduled visitation rights.

Texas courts encourage both parents to maintain frequent and continuing contact with their child if possible, with the assumption that having strong bonds with each parent is generally best for the child’s well-being.

Gather Documentation

Courts want to see documentation that paints a detailed picture of each parent’s involvement in the child’s life. This can mean financial records, proof of stable employment, and living conditions. It can also help to present records that show past communication or agreements with your co-parent about parenting.

If possible, it’s helpful to show a history of cooperation and shared parenting responsibilities.

If you’ve already established a temporary custody arrangement, document any verbal agreements or evidence to show how each parent has contributed to the child’s welfare and well-being. It’s helpful to include details about who handles daily responsibilities like school pick-ups, doctor appointments, and extracurricular activities.

In addition, collect any legal documentation, such as marriage certificates, divorce papers, or any prior custody or child support agreements, to give the court context to understand your existing responsibilities and commitments.

Step 3: Create a Parenting Plan

The plan should outline how you and the other parent intend to share the key aspects of raising your child: living arrangements, visitation schedules, and holiday time-sharing. Include specifics about who will make decisions about the child’s education, medical care, and religious upbringing, along with practical logistics such as transportation for visits and contingency plans for emergencies.

You might also include guidelines you and the other parent have established for respectful communication with each other.

In Texas, courts strongly prefer that parents work together to create a parenting plan that meets their child’s needs. However, if an agreement can’t be reached, the court will step in to make a plan to serve the best interests of the child.

Step 4: File the Paperwork

Filing for custody involves completing several forms that specify whether you’re seeking sole or joint custody, along with any other relevant details about your case. You will then submit a formal petition for custody to the family court.

Make sure you follow the local court’s rules regarding filing deadlines, fees, and additional documentation to avoid any delays.

You are required to serve your co-parent with notice of the custody filing, giving them enough time to respond. This notice typically needs to be served in person, either by you directly or through a third party.

After the petition for custody is filed, the court will schedule a court date for your custody hearing, which is when both parents will have the opportunity to present their cases.

Step 5: Prepare for the Custody Evaluation

Many Texas courts require a custody evaluation as part of the child custody process. The primary focus of a custody evaluation is to determine what environment best supports the child’s emotional, psychological, and physical well-being.

A trained professional, often a social worker or psychologist, will assess each parent’s ability to care for the child.

This evaluation may include home visits to observe each parent’s living situation, interviews with the child to find out about their comfort and preferences, and one-on-one discussions with each parent to understand their parenting strengths, parenting style, relationship with the child and level of involvement in the child’s life.

Some evaluators may also talk with teachers, caregivers, or other individuals who regularly interact with the child, to get a well-rounded picture of each household’s suitability.

Step 6: Attend Mediation, If Required

Texas courts strongly encourage parents to settle custody matters outside of the courtroom whenever possible, in hopes of developing a cooperative approach to parenting rather than the combative atmosphere that a courtroom can have.

Mediation involves a neutral third-party mediator who works with you and the other parent to reach a custody arrangement that both of you can agree upon.

The mediation process is confidential, and gives you the chance to voice concerns or preferences in a structured, neutral environment. If mediation is successful, you and your co-parent can create a custody agreement, which can then be submitted to the court for approval. If you can’t reach an agreement through mediation, you’ll proceed to a court hearing, where a judge will consider the evidence and make a binding decision on custody.

Step 7: Present Your Case in Court

To present your case in a court hearing, you’ll need to provide evidence and call witnesses if necessary to argue for the custody arrangement you believe is in your child’s best interests. Look for witnesses such as teachers, family members, or counselors who can speak to your parenting strengths and involvement.

Highlight factors that reflect stability in your home, consistent involvement in your child’s education and activities, and a healthy emotional bond with your child.

The judge will consider the child’s age, the stability of each parent’s living situation, and each parent’s history of providing care, among other factors. Be ready to answer questions about your availability for caregiving, your relationship with the child, your approach to co-parenting, and any plans you have for fostering a cooperative environment with the other parent. The judge will review the evidence and then issue a custody order that they believe is in the child’s best interests.

Step 8: Follow Up with Court Orders and Compliance

Complying with a custody order means abiding by visitation schedules, making shared decisions with the co-parent when required, and adhering to any specific instructions from the judge. Show the court that you’re committed to honoring the agreement, acting in the child’s best interests, and fostering a respectful co-parenting relationship.

If your circumstances change significantly, such as you need to relocate for work, there’s a big change in your financial status, or you or the child have new health-related needs, you can formally request a modification of the custody order.

For guidance throughout the custody process, reach out to the Clark Law Firm, P.C., in Houston, TX. Our experienced family law attorneys have been providing Houston families with help for more than 30 years. Your family is too important to leave to chance, so contact us right away to schedule a confidential consultation with an attorney who can help.