Frequently Asked Question
Is there more than one type of child custody?
When it comes to child custody, there are two main types: legal and physical. Legal custody refers to the right to make decisions regarding the child’s health, education, and welfare. Physical custody refers to the right to have the child in one’s care and custody on a regular basis. What is the foundation of child custody law in Texas?
The Texas Family Code provides for a legal presumption that both parents should be granted the title of joint managing conservators. This legal presumption of joint managing conservatorship is based on the idea that it is in the best interest of the child to have both parents actively participate in decisions regarding the child’s upbringing. This includes decisions regarding the child’s primary residence, education, and medical care.
It is important to note that this legal presumption is not absolute; it is merely a starting point for the court in making a child custody arrangement. The family court judge can, and sometimes does, deviate from this legal presumption if it finds that it would be in the best interest of the child for one parent to receive sole managing conservatorship.
How is child custody determined?
In Texas, child custody is determined in two ways. The first is through a court order, which is called a “decree of dissolution of marriage.” This decree is issued by a judge after a court hearing and determines the rights and responsibilities of the parents regarding their children. The second way of determining child custody is through an amicable agreement between the parents, which is called a “parenting agreement.”
This agreement is voluntary and outlines the parental rights and responsibilities of each parent in regard to their children. In the event that the court awards the title of joint managing conservator to both parents, the court will also determine the rights and duties of each parent.
What will a judge consider when determining child custody?
At its core, child custody law is focused on safeguarding the interests of the child. The court will determine which parent will be awarded physical and legal custody of the child. When presiding over child custody disputes, the court may also consider other factors, such as the age and sex of the child, the relationship between the parent and the child, and the ability of each parent to provide a safe, stable home environment. They may also consider the wishes of the child as long as they are in the best interests of the child.
What should parents consider when involved in a child custody process?
Parents must understand the different types of child custody available. In many cases, joint custody is the preferred option, as it allows both parents to have an equal say in the upbringing of their children. This can benefit the children, as it gives them access to both parents, allowing them to develop strong relationships with both. In other cases, sole custody can be a more suitable option, allowing one parent to have full custody and decision-making power over the child.
How can parents prepare for a child custody case?
The preparation for the court proceedings includes gathering evidence, such as financial records, medical records, and educational records, to help support the case. Additionally, parents must also be prepared to discuss their parenting skills and the reasons why they feel they are the best choice for the children. It is important to be honest and forthright in these discussions.
Why should parents hire a child custody lawyer in Houston?
In Houston, the child custody law is based on the Texas Family Code, with specific guidelines established to protect the best interests of the child. Child custody law in Houston is a complex and ever-evolving field of law. For this reason, it is important for parents to consult with an experienced family law attorney. Child custody attorneys have the necessary knowledge and experience to guide their clients through the process and ensure they make the best possible decisions for their children.
How can a child custody lawyer help parents?
A child custody lawyer can provide invaluable guidance throughout the entire process, from outlining legal rights to negotiating visitation rights and agreements and other matters of child custody. An experienced child custody lawyer will be able to help navigate through the complex laws surrounding this matter and ensure that all necessary paperwork is properly filled out and filed with the court.
With an understanding of state regulations, they can advise clients on their rights during this time and prepare them for any hearings or trial proceedings as needed. Furthermore, they can handle sensitive issues such as parental alienation or domestic violence that may come up during a case. This gives parents peace of mind knowing that someone trustworthy has their back every step of the way.
