Child Custody
For most families experiencing divorce, the question of who will care for the children after the divorce becomes the most important issue. The attorneys at Wilhite & Lea, P.C. understand that a child custody disputes is a very emotional experience, particularly for the children involved. Our attorneys will protect your rights as a parent and help shield your children from the process as much as possible. If you are experiencing a divorce in the greater Houston area, including Harris County, Montgomery County, Fort Bend County, Grimes County, Waller County, and Washington County, contact Wilhite & Lea today.
Houston Child Custody Attorney
Our attorneys are ready to answer your most sensitive questions regarding all aspects of a child custody dispute. Some common areas of concern include:
The attorneys at Wilhite & Lea are experienced and knowledgeable about all facets of child custody law, and are ready to help your family determine what type of custody arrangement will work best for you. Our attorneys are ready to fight for your rights as a parent should a courtroom battle become inevitable.
Child Custody Information Center
Back to top
When Is It Appropriate to Fight for Child Custody?
Just like any other decision a parent makes, the decision to take a child custody battle to the courtroom should be based on the best interest of the child. A divorce is a very emotionally jarring experience for a family, and it’s important to recognize that a highly contentious legal battle may do more damage than good. Many divorcing couples do not realize that they have the ability to reach an agreement regarding child custody on their own, without the court’s involvement. Mediation services may also be available to help the parents reach an amicable agreement, and in some cases may be ordered by the court.
There are instances where an agreement cannot be reached, and a trial will occur. Obviously, cases involving abuse, drug use or neglect of the child should probably be decided by a judge. It’s important to remember that it will become more difficult, if not impossible, to protect the child from a custody battle once it goes to court. It’s important that the parent discuss all of the relevant facts of their case with their attorney, and be willing to consider all options for working out the child custody dispute.
Back to top
Types of Child Custody Arrangements
There are two types of orders that the court will create regarding child custody. The first is the Conservatorship Order. This order determines each parent’s rights and responsibilities.
In Texas, there is a presumption that divorcing parents will be Joint Managing Conservators of their children. Being named Joint Managing Conservators does not mean that both parents will share custody equally. Instead, Joint Managing Conservatorship means that parents will share the important rights and responsibilities of parenting. These rights may include access to medical records, decision making ability regarding education and medical care, and responsibility for the religious education of the child.
In other situations, the Court may decide that one parent should be the Sole Managing Conservator of the child. That parent will exercise more of the parental rights and responsibilities, but the other parent will still retain visitation rights.
In addition to the Conservatorship Order, there is also the Possession Order. The Possession Order determines when the child will be with each parent. It is what most people think of when they think about custody disputes.
Back to top
Visitation Schedule
Regardless of whether one parent is named Sole Managing Conservator or the parents share conservatorship, a visitation schedule will need to be created. The visitation schedule will become part of the divorce decree, as the Possession Order. The parents can agree to a visitation schedule that works for their family, which will almost always be adopted by the judge. In cases where the parents cannot agree, the court will determine a visitation schedule.
The Texas Family Code sets out a standard visitation schedule for children three years old and older, where the parents live less than 100 miles apart. This schedule provides that the parent the child does not live with has custody on the following days:
-
Weekends: the first, third, and fifth weekend of each month, beginning either at the end of school on Friday or 6 PM, and lasting through 6 PM on Sunday.
-
Thursdays: during the school year, generally from 6 to 8 PM
-
Minor holidays: the parent the child does not live with will have visitation with the child from 6 until 8 PM on its birthday. Fathers will have the child on Father’s Day, and mothers will have the child on Mother’s Day.
-
School Breaks: in even numbered years, the parent the child does not live with will have visitation with the child on Spring Break and Christmas Break through December 28. The other parent will have the child on Thanksgiving and for the remainder of Christmas Break. In odd numbered years, that arrangement is reversed. The non-custodial parent will also have visitation for 30 days during the summer.
There are alternative schedules for children under 3 years old, and for situations where parents live 100 miles apart. Where the parents live 100 miles apart, the non-custodial parent will get possession of the child for 42 days during the summer. The non-custodial parent may choose to have visitation during the first, third and fifth weekend of the month, or may opt for one weekend a month.
Back to top
How Custody is Determined
In cases where the parents cannot reach an agreement on their own, custody is usually determined by a judge at an evidentiary hearing. Sometimes a jury may decide custody issues. At the hearing, each side will put on evidence, which may include witnesses.
The standard the judge uses to determine which kind of custody arrangement to order is the “best interest of the child” standard. The child’s well-being is the judge’s focus, and he will look at all of the evidence presented to determine what is in the best interest of the child. Some questions the judge might have in making this determination include:
- Which parent appears to be putting the child first?
- Who has the better parenting skills?
- Which parent has the better schedule?
- Which parent has more resources available to them?
In some cases, the judge may order the parents or child to be evaluated by a psychologist. The judge might also order a social study, during which a social worker will visit both homes and the family and file a report with the court. In other cases, the court may appoint an Amicus Attorney, a lawyer who will help the court decide which parent the child should live with. These professionals will help the judge decide which custody arrangement is best for the family.
If a child is over the age of 12, he or she may state in sworn, written testimony which parent he or she would like to live with. The child’s decision is not binding on the court but may be persuasive.
Back to top
Geographic Restrictions and Relocation Issues
The court may order geographic restrictions on the parents, to help keep the child in his or her community. For example, the court might order the parent with whom the child lives to remain in the county where they are living at the time of the divorce, or in a county adjacent to it. The parties can agree to a less severe restriction, or no restriction, if they choose to do so. However, these restrictions can be beneficial to maintaining the child’s well-being after the divorce.
If the parent with possession of the child wishes to relocate outside of the restricted area, the court will determine whether the child should move with them based on a variety of factors, including:
- How the move will affect the child’s relationship with the other parent
- The child’s relationship with the parent who is moving
- How communication and visitation will be maintained with the other parent – including who will pay for the cost of travel for visitation
As always, the best interest of the child is the court’s main concern.
Back to top
Child Custody under Texas Law
In Texas, Chapter 153 of the Texas Family Code governs conservatorship, possession and access to the child.
Back to top
Child Custody Resources
Texas State Attorney General - Texas State Attorney General’s Website, which provides a wealth of information regarding child custody and child support matters in Texas
Children and Divorce - Tips on helping your child cope with separation and divorce
Harris County Child Protective Services - The Child Protective Services (CPS) program investigates reports of suspected abuse and neglect. The aim is to ensure both the safety of children and to provide services which promote the integrity and stability of the family.
2525 Murworth Dr.
Houston, TX 77054
(713) 394-4000
Parenting Partnerships - Information on Mandatory Co-Parenting Classes in Houston
222 Penbright Dr.
Houston, TX 77090
(713) 794-5980
Escape Center - Center offering Mandatory Co-Parenting Classes in Houston
3210 Eastside Dr.
Houston, TX 77098
(713) 942-9500
Back to top
Wilhite & Lea, P.C. | Texas Child Custody Lawyers
If you are experiencing a divorce and have questions regarding child custody, it’s important to speak with a Houston family lawyer right away to protect your rights as a parent and determine which kind of custody arrangement will work best for your family. The attorneys at Wilhite & Lea are experienced with handling child custody disputes throughout Houston and Harris County, including: Spring, Cypress, Klein, Humble, Tomball, the FM1960 area, North Houston; and Montgomery County, including: Conroe and The Woodlands; as well as the surrounding counties of Fort Bend, Grimes, Waller, and Washington. Contact us today to speak directly with one of our attorneys about your case.
Contributor: Edward Allen