Fulshear Child Custody Lawyer

Primary Custody vs Conservatorship

In Texas, primary custody is the term given to the parent who has primary care of the child. The child will usually live with the primary custodian and spend most of their time together. The non-custodial parent will have visitation rights and will spend time with the child according to the visitation schedule. A common visitation schedule in Fulshear involves visitation on the first, third, and fifth weekends of the month.

Conservatorship is the right to make important decisions relating to the children. This includes religion, education, and medical care. Usually, parents will have a joint conservatorship, meaning both parents have an equal say in important decisions. If a sole conservatorship is awarded to one parent, they have full say over the important decisions, and their decision is final.

Different Types of Custody Arrangements in Texas

Often, parents are confused by the different types of custody arrangements that are recognized in Texas. Following a child custody battle, the preferred custody arrangement will be one where one parent has primary custody, with the child living at their house whilst the other parent has visitation rights. Both parents will be joint conservators, meaning they have equal say on the important decisions relating to their children.

This joint custody arrangement does not mean an equal 50/50 split of time. Most of the time, arrangements such as the alternating weekend schedule, plus one day in the week, will be awarded.

Sole Custody

In order for one parent to be made the sole conservator, it must be shown that the other parent poses a risk or has issues that may affect the children.

If you wish to fight for sole custody, and gain the right to make all of the important decisions in your children’s lives, you will need to put forward an extremely compelling case, backed with evidence.

You will need to do this with a skilled attorney for the best chances of your appeal being successful.

Even if you win sole custody, this does not mean the other parent will not have visitation rights. Most of the time, they will still see the children on a normal visitation schedule. In extreme cases they may need to be supervised during visitation and only in the most serious of cases will a parent have their visitation rights removed entirely.

Examples for the perusal of sole custody include: instances of alcohol abuse, substance abuse, child abuse, or domestic violence.

Fulshear, TX Child Custody Laws

If your case is being heard in a family law court, the factors that will be examined when it comes to making a ruling on child custody and conservatorship arrangements include:

Potential Danger to Child from Either Parent

The overriding factor in any child custody battle decision is if either parent poses a risk to the children. The Judge will consider whether or not either parent has a history of violence, abuse, neglect, a criminal record, or has been known to use drugs or abuse alcohol.

If you are a parent with a history of these things, it does not mean you will automatically lose custody.

You may have a harder battle ahead of you, but if you can prove that you have changed, and that your history is behind you, you could still win custody. You will, however, have to put forward an extremely compelling case that you have reformed your ways.

You should discuss your history with your attorney if you think your spouse may attempt to use it against you.

Equally, if you believe that your spouse may pose a danger to your child, you need to work with your attorney to build a case that showcases to the Judge why they pose a risk to your children. It is important that you provide your attorney with as much evidence as possible, such as police reports, emails and texts.

The Parents’ Stability

Each parent will be examined to determine their ability to provide a stable life for their children. Their ability to hold down a job and pay their rent/mortgage and bills may be considered as this may show that they will be able to meet their child’s financial needs the best.

Parent Involvement

As gender is no longer used as a factor in any decision relating to child custody, being the mother or the father is of no importance. Instead, the courts will look at how involved each parent has been in the children’s lives up until now.

Family law Judges will always want you to continue with the same level of involvement following your divorce, such as attending the same sporting events, parents evenings and any other important events.

The Emotional and Physical Needs of the Child

In family law cases, decisions must be made that ensure the emotional, physical, and financial needs of any children are met following the divorce. This means each parent will be judged on their ability to put their children first and meet their needs.

The courts will frown upon any attempts to alienate the other parent, such as engaging in negative talk about the other parent or trying to change their opinion.

Children have the best chance at a healthy development when they have access to both loving parents, with as little conflict as possible.

The Child’s Preference

When a child is aged 12 or over, they can express their preference about where they want to live, which will be considered by the Judge. However, the Judge is not required to agree with the child’s preference and will consider what is in their best interests. They may still rule against the child’s opinion.

Which Parent Is More Likely to Be Awarded Custody?

Before the factors above have been examined, neither parent will have a better chance than the other to be awarded custody. While in the past gender may have had an influence on the decisions made in a family court in Texas, it no longer has any sway.

Mothers and fathers are on equal footing when entering child custody battles and this means that it will be down to their stability, involvement and ability to meet their children’s needs the best.

Forming a Parenting Plan and Establishing Visitation Orders

The courts will always prefer a joint custody plan over any other plan. In a joint custody plan, parents have an equal say in all of the important decisions, and both will have access to their children on a regular basis.

This ensures both parents get to stay fully involved in their children’s lives.

Visitation schedules are fairly malleable and can look very different for different parents. The most common schedule that allows the minimum amount of visitation time with the lowest amount of displacement is the alternating weekends and one-day-in-the-week plan. In Texas, this is termed as a Standard Possession Order.

However, some parents may prefer an alternating week schedule or other variation that better suits them. In some situations, the child may want to spend more time with the visitation parent if they have a great relationship, and this should be taken into account.

Enforcing Child Visitation Orders

If a former partner feels like they have been treated unfairly, they may become jealous or angry and resort to violating court orders, such as refusing to pay spousal support, or even trying to sway your child’s opinion of you.

In this situation, it’s important to consult with a family law attorney. They will first try to reason with your ex, but if that doesn’t work, they may petition the court to intervene. The court could then take steps to further restrict your ex, such as modifying existing orders.

Negotiation and Mediation

When it comes to family law matters involving children, reducing conflict as much as possible is in everyone’s best interests. This is why obtaining representation from a law firm that is skilled in negotiation and mediation is a good decision.

To start with, your attorney may sit down with you, and your spouse and their attorney, and help you negotiate terms. They will defuse tempers and steer the discussion wherever possible and will end the meeting if it becomes unproductive.

If this does not work, and you and your spouse cannot sit down in the same room together, they may utilize mediation, which is where you conduct your discussions from different rooms, through the use of an intermediary.

This can help spouses move forward, and make decisions in the best interests of both the children, and themselves. Ultimately, both sides should be willing to compromise a little to create a plan that focuses on the children, but is also preferable to both parties.