Cypress Father’s Rights & Custody Agreements Attorney

How Do The Courts Determine Child Custody in Cypress, TX?

As there have been countless studies that point to the fact that a child will always have an increased chance of healthy development with access to both loving parents, the courts will always aim to make this happen.

This means the preferred outcome in child custody matters is joint legal custody as opposed to sole legal custody.

Many people begin the divorce process under the false misconception that mothers are given preferential rights when it comes to child custody cases, but this is not true. The courts will always look at which parent is best suited for meeting the child’s needs and rarely award sole physical custody unless there is a clear hazard to the child from one party.

You will need to work with your family law attorney as the courts will examine each parent for stability, such as the ability to keep a job and who, historically, has met the emotional needs of the child.

Once each parent has been examined by the courts, unless there is a serious reason to withhold visitation from one party, an arrangement will be made that gives fair visitation rights to each party.

Once the child custody arrangements have been decided upon, either by the parents or by the family law Judge, they are finalized by the court in a court order that must be obeyed by both parties.

Primary Residence Of The Child

In Texas family law, the primary residence is the home where a child lives a majority of the time. It is usually determined by the court and generally based on what is in the best interest of the child. Factors such as the financial and emotional stability of each parent, the distance between each parent’s home, and the child’s preference can all be taken into consideration in determining the primary residence. The primary residence of a child may be established in a court order or in an agreement between the parents. Once established, it is usually permanent until there is a change in circumstances.

Visitation

Visitation in Texas family law refers to the right of a non-custodial parent to spend time with his or her child. The right of visitation is usually granted by a court order, which also outlines the specific details of the visitation arrangement.

Visitation can take many forms, including overnight visits, daytime visits, weekend visits, holidays, vacations and even summertime visits. Visitation arrangements are typically determined through negotiation between the parents or through a court order.

If the parents are unable to agree on a visitation schedule, the court will determine a schedule that is in the best interests of the child. In Texas family law, it is generally assumed that both parents should be involved in the upbringing of their child and that it is in the best interests of the child to have frequent and continuing contact with both parents.

Therefore, courts may order that visitation be liberal and generous so that the non-custodial parent may maintain an ongoing relationship with the child. In some cases, however, a court may find that visitation with one parent may not be in the best interests of the child and may order supervised visitation or even deny visitation altogether.

This could occur if one parent has a history of abuse or neglect or if there are other factors that make unsupervised visitation, not in the child’s best interests.

Visitation orders are typically reviewed periodically and can be modified if either parent can demonstrate that a modification is necessary to serve the best interests of the child. Every family situation is unique, and courts will consider all relevant factors when determining what type of visitation is appropriate for each situation.

What Factors Can Affect Custody Arrangements In Texas?

Family Law Judges must always look to make decisions based on what they believe to be in the best interests of the children involved. However, they will always listen to any case put forward to them, which means that you will need to work with your attorney to build a compelling case backed with evidence if you wish to apply for sole custody of your child.

If you are concerned your ex-spouse will be putting forward a case against you, you will need to work with your father’s rights lawyers to put forward a compelling case that you have changed or reformed if they are going to use your past history against you.

Here are some of the things that may be used against a parent in a child custody case:

Poor Judgment

It may be common that parents do not agree on everything when it comes to parenting styles and decisions regarding their children, but if one parent has made decisions that may have endangered their child, this may be used against them.

Common poor judgment calls include letting underage children drink, leaving children alone when they are too young to do so, and letting children witness sex acts, adult-rated movies, or violence.

You will have to work on an extremely compelling argument if you wish to use the poor judgment calls of one parent against them. Your appeal should demonstrate that your spouses’ actions posed a direct risk to your child’s health or development.

Parental Alienation

Parental alienation is when one parent actively works to influence their child’s opinion of the other parent in a negative way. Constantly bad-mouthing the other parent or reinforcing negative emotions is alienation.

This is taken very seriously by family court Judges and may even influence their decisions to award custody if they are made aware of it happening.

Substance Abuse

If you know that your spouse has been using drugs or has a severe problem with alcohol that is posing a direct danger to your children, you must inform your attorney so that they can help you present a case to the Judge. Both alcohol and drugs can leave a parent unable to care for a child and, in some cases, have led to the death or serious injury of a minor.

Child Abuse and Neglect

Your child has both emotional and physical needs that need to be met in order for them to grow up healthy and develop at the natural rate. When a child suffers from neglect and abuse, it can put a serious stunt on their developmental process.

This means that child neglect and abuse are taken extremely seriously by all family law Judges, and if you put forward a case that your spouse is neglecting or abusing your child, they will always listen and investigate.

Domestic Violence

If you are the victim of violence or domestic abuse, or your child is being abused by your spouse, you must act now. Your attorney may be able to help you file a protection order, and will be able to ensure the Judge presiding over your case is made aware of what has happened to you.

You will need to provide evidence to support your claims, and this may include:

What Can Complicate The Custody Agreement Process

In Texas, parents must attempt to come to an agreement on custody, visitation, and other issues related to the child’s well-being. If the parents cannot agree, the court may be required to intervene. The court will then evaluate the situation and make a decision that is in the best interests of the child.

The court may consider a variety of factors when determining the best interests of the child or children, such as the child’s age and maturity, the parent’s ability to provide a safe and stable home, and the parent’s mental and physical health.

The court may also consider the child’s relationships with siblings, other family members, and members of the community. In addition, legal issues such as paternity, interstate custody, and relocation can complicate the custody agreement process. If any of these issues are present, the court must address them before making a decision.

Finally, the court may appoint a to represent the child’s best interests in the custody case. The Guardian Ad Litem and/or Amicus Attorney will investigate the case and make a recommendation to the court. This recommendation can play a significant role in the outcome of the case. Overall, the custody agreement process in Texas can be complicated, and it is important for parents to understand the various factors that can influence the outcome of a case.

Do I Need A Lawyer For My Child Custody Agreement

Child custody arrangements are one of the most important aspects of the divorce process for spouses that have children in the marriage. It is also one of the most contentious and can lead to more conflict than other issues, even the division of property.

Unfortunately, both parents often believe what they are fighting for is the right path and in the best interests of the children, but the conflict the disagreements cause is often very far from that.

When our clients come to us for help, they are often concerned that, as a father, they are at a disadvantage, but you must remember, in Texas, neither gender offers any bias. Every decision is made on the basis of the child’s best interests, and the ability to put forward the best case will always be influential.

Family law matters can often become complex, and this means you should always work with an attorney who knows how to build and present your case in a manner that is likely to result in a favorable outcome.