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Child custody disputes are often contentious matters for separating or already divorced parents trying to balance a new chapter as co-parents. Whether you are determining who has possession and access of the child, making a visitation schedule, or figuring out how to modify an existing order, these situations may be complex—but you do not have to navigate them alone. Instead, you should seek legal counsel from a skilled family law attorney. A Houston child custody lawyer could be a great resource to help you figure out what is best for your children and your relationship with your co-parent.
Where a child lives and how much time they spend with a parent is called physical and legal custody in most states. However, Texas law refers to it as possession and access. Possession means the child is physically living with and cared for by a parent, and access refers to the non-residential parent’s communication through texting, phone calls, and video chatting, and attendance at the child’s events and activities.
Like conservatorship, courts try to determine what living arrangement suits the children’s best interests. As long as neither parent poses a risk to a child, practical considerations like the location of a parent’s home in relation to the children’s schools and activities are major factors. Similarly, a parent’s work and travel schedule impacts decisions about possession and access.
When determining custody, Texas courts often favor standard possession orders (SPO) that designate one parent as the child’s main home, and grant time with the co-parent every other weekend, every Thursday, and alternate holidays. However, parents may seek equal possession rights in which the children split time more evenly between the parents’ homes. If this is what you want, a Houston attorney could work with you to develop a joint parenting plan calling for shared possession and demonstrate to the court that the plan serves your children’s best interests.
The best interest of the child is the legal standard judges must meet when making custody decisions. Their goal must be to craft a plan that promotes the child’s physical health, emotional well-being, and educational success over time. A judge will focus on each parent’s ability to meet the child’s present and anticipated needs. They will consider the stability and quality of each parent’s home environment, tending to favor homes that provide structure and consistency. The extent of a parent’s familiarity with the children’s interests, preferences, teachers, and friends is also important.
Courts will consider the children’s preferences during proceedings, but a judge is not obligated to honor them. The law entitles children who are 12 or older to have a private meeting with a judge to discuss where they would prefer to live, and judges may grant meetings to younger children at their discretion. A lawyer in Houston could help with these child custody matters if you are concerned about your child meeting with a judge alone, as they may allow legal representation to be present during an interview.
When Houston parents are locked in a child custody battle and mediation from an attorney has not been effective, judges often seek help in determining what arrangement would best serve the children. The parents may request, or the court may order, a mental health professional to conduct a custody evaluation.
During the evaluation, the evaluator typically meets with the children and both parents and may visit both homes to assess their standard living situations. After their investigation, they recommend the custody solution they believe would be best for the children. The judge will consider the evaluator’s opinion when making a final decision, but they are not bound to follow that recommendation.
Conservatorship and custody orders reflect the circumstances that existed at the time they were made. Children grow up quickly, their needs change, and your situation as a parent may evolve as well. It is often necessary to modify the custody arrangements to reflect your current circumstances.
If both parents agree, a Houston attorney could draft a revised child custody order that reflects your new circumstances and submit it to a judge for approval. In many cases, the judge will issue the revised order without the need for a court hearing, but they will conduct an independent review to ensure the revision is still in the children’s best interests.
If parents disagree, the one seeking a revision must petition the court for an order modification. That parent must prove that a significant change in circumstances merits the change and that it is in the child’s best interests.
Child custody arrangements are often easy to resolve with communicative co-parents, but that is not always the case, and some parents have contentious issues that simply need third-party assistance to navigate. Regardless of your situation, a Houston child custody lawyer could help you ensure, when all is said and done, that your children and their needs are protected.
The compassionate attorneys at Kimbrough Legal, PLLC, have extensive experience helping families of varied dynamics work out their child custody arrangements with confidence. Reach out today for help taking the right steps for your child’s future.
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