In Texas, child custody can sometimes be a contentious issue that often results in long and drawn-out disputes between parents who each believe they know what is best for your child.
Parents can receive Sole custody or joint custody, but there are a few requirements that must be met first. Texas has a complex system of laws that assign custody of the children based on a variety of factors. This standard is known as the best interest standard. In other words, in Texas, the ultimate decisions made about custody are based on what and who is in the best interest of the child.
Factors the courts can consider when determining what is best for children include the relationship between the child’s parents, the age of the children, the living conditions of the parents and the children, criminal records or behaviors, family violence and whether the parents can provide a stable and healthy environment for the child.
Types of Child Custody in Texas
There are different types of child custody in Texas, which are defined in the Texas Family Code. The two most common types of custody are joint managing conservatorship (joint custody) and sole managing conservatorship (sole custody). Joint managing conservatorship is when both parents share the rights and duties for the child, while sole managing conservatorship is when one parent has the majority of the rights and responsibilities for the child while the other parent only participates as the possessory parent (the parent with visitation only and often the obligor for child support purposes).
Determining Child Custody in Texas
Texas law permits either parent to file a lawsuit requesting that the court determine custody. The person filing the lawsuit is called the petitioner, and the other parent is called the respondent. If the parents cannot agree on custody, then the court will have to decide who will have which type of custody of the child, child support and where the child will live. In making its decision, the court will consider what is in the best interests of the child. These include the factors mentioned above as well as others. These are known as the Holly factors.
The Texas Family Code requires that a judge consult with a child, 12 or older, about which parent to live with. A kid's choice, however, is not the only consideration for the Court when deciding which parent with whom the child will live and sometimes the Court does not place the child with the preferred parent because that is not in the child’s best interest.
How to File for Custody in Texas
In Texas, the way to start a child custody case is to file a petition for conservatorship, possession and access and support of the child(ren) in state court called a Suit Affecting the Parent-Child Relationship.
In general, the most common legal basis for custody is that the parents are no longer married or living together and they need a legal foundation for the care and possession of the children. Other grounds for seeking custody include allegations of abuse or neglect, parental misconduct, or a parent's refusal to allow visitation. A lawyer can help you determine whether you have a legal basis for seeking custody and can help you file the appropriate paperwork.
Many courts in Texas will require the parties to attend mediation before any hearing or other court action will be allowed. If mediation is unsuccessful, or if the animus between the parties is such that no agreement can be reached, or if there is a history of family violence, then, at the request of either party, a hearing can be set with the court to establish Temporary Orders, Temporary Restraining Orders, and Protective Orders.
If there is a request for temporary orders, this must be treated as if it is the final trial. Rarely does a judge change temporary orders once they are rendered and all too often, what is temporary, becomes permanent.
How to Appeal a Child Custody Decision in Texas
There are different types of appeals in Texas depending on where you are in your case. An interlocutory appeal, otherwise known as a Writ of Mandamus, is filed when the judge makes a ruling that will negatively affect your case and cannot be resolved after the case if finished in a regular appeal. It is urgent and must be addressed right away.
An appeal of a judge’s final order requires that a notice of appeal be filed within 30 days after the court signs its order or you lose your right to appeal. Appeals can be complex and require professional legal assistance.
What is a Guardian ad Litem in a Child Custody Case in Texas?
Guardian ad litem is a person appointed by the court to protect the interests of a child in a custody case. The goals of the Guardian ad litem are to evaluate all sides of the situation and make recommendations to the court about what types of custody arrangements would be best for the child.
How May Requesting a Guardian ad Litem in a Child Custody Case in Texas Help You?
If you are requesting a Guardian ad Litem in a Child Custody Case in Texas, it means that you are asking the court to appoint someone to represent the best interests of your child in the case. This person will NOT represent the child. This can be helpful because it ensures that your child's interests are represented in the case when there is a dispute between the parents that they cannot resolve on their own, and it can help to ensure that the proceedings are fair. The parties are required to pay for the GAL.
Modifying Child Custody in Texas
Custody may be modified if there is a significant change in circumstances that affects the child's welfare. A parent seeking to modify custody must show that the change is material and substantial and that it would be in the child's best interest to modify custody.
When parents petition the court to modify a child custody order, the court considers a number of factors to determine whether a modification is in the best interests of the child. The court must consider whether there has been a material and substantial change in circumstances since the original order was issued. Examples of things that will qualify as material and substantial are a change in the parents' work schedules or residence, or a change in the child's personal or educational needs as well as several other factors. Modifications are only allowed to be requested when at least one year has passed since the last order, or in the case of child support modification, every three years or whenever the obligor parent’s income has changed significantly enough that the amount of the support will vary by more than $100 per month.
Chase Jones Law
If you are getting divorced or have split from your significant other, which of you gets to choose where the child lives? Or when you get to see them? Or how they will be supported financially? It is important to be aware of the laws governing child custody in Texas and to know your rights. While this article provides a general overview of these laws, if you are facing a custody battle, it is advisable to seek legal help.
For example, did you know that signed custody agreements can be difficult to change? Hence, it is important to have a clear understanding of what you and your spouse or significant other are agreeing to put in yours. Most people also do not know that Texas is one of the few states that sometimes uses the "tender years doctrine" to determine child custody. Under this doctrine, the presumption is that young children should be placed with their mothers.
Chase Jones Law is dedicated to helping families do what is best for their children. We believe that all parents should be involved in their children's lives, and we are committed to helping you get the best possible outcomes in your child custody case. Kids need their parents to be active in their lives.
Call us right away at (832) 219-8711 to schedule an appointment or schedule right now online by visiting this page.