Child Custody Integrity, Compassion & Competence

Houston Child Custody Lawyer

Protecting Your Rights & the Child's Future

Going through a divorce or separation is an unpleasant and uncomfortable process, even if both parties amicably agree that it is a necessary step. One of the hardest aspects about the situation is if there are any children involved. After all, most parents desire to be actively involved in the lives of their children, no matter their relationship with their ex-partner.

mom and kid doing homework

The difficulty comes in deciding which parent gets custody of the child or children, particularly in cases where both parents live in close proximity to the children’s community, school, and other key locations. While in the past courts tended to favor custody being awarded to the mother, now both parents are able to apply for custody. No matter the situation, rely on our child custody attorney in Houston to demonstrate that your child will benefit most from being in your custodianship.

Laws Regarding Child Custody in Texas

In the state of Texas, any arrangements regarding child custody are determined by the courts. These allocations are entirely based on whether the circumstances and provisions of each parent are in the child’s best interest.

Dependent on the unique variables of your situation, the court may decide to grant what is called “sole managing conservatorship” to you, or they may grant this to your spouse. Alternatively, they might decide a joint managing conservatorship is better, which could also be allocated with additional guardians, such as grandparents and other family members. No matter the circumstance, state law dictates that a conservatorship may only be rewarded to the party which best serves the child’s needs.

How is Child Custody Determined?

According to Section 154.004 of the Texas Family Code, some factors which will be considered as components to determine child custody include:

  • The proximity of each parents’ house in distance to the child’s school, family members, pediatrician, and extracurriculars
  • The proven safety of the parent’s home
  • Each parent’s financial situation in terms of income, savings, and a regular salary
  • The parent’s availability (work schedules, frequency of travel, etc.)

How to Prove a Parent Unfit

An unfit parent, according to Texas law, is someone who has the potential to have a substantial and detrimental effect on a child's emotional growth or physical health.

Neglect or family violence are examples of actions that could lead to a parent being deemed unfit. Unfitness can also result in the parent's addiction or their lack of desire to take responsibility for the child's treatment through their words or acts.

A parent may be deemed unfit from the start in especially serious cases. Rather than being presumed innocent unless proven guilty, they would have to show that this isn't the case by convincing proof. When a parent has three or more felony convictions or has been convicted of a depravity offense such as sexual assault, this is a red flag.

If you are convicted of being an abusive parent, the risk of losing custody of your child is very real. As a result, it is important to grasp the meaning and legal conditions prior to beginning the child custody process.

Distinctions Between Sole or Joint Managing Conservatorship

In general, Texas courts tend to award joint conservatorship whenever they can. Recent research has demonstrated that children who grow up in a home with 2 parents tend to have the most stability in their lives. The judge will likely desire for your children to have intimate, close relationships with both you and your ex-partner, so that even though one parent will have the duty of caring for your child’s physical location, both of you will be responsible for their well-being over time. However, there are certain extenuating circumstances where you might be awarded sole custody, if it can be proven that your former spouse was unfit in any form.

Dedicated Advocacy for Your Child Custody Needs

If you are encountering a difficult situation with your former partner in regards to child custody, you are most likely feeling frustrated and anxious by the thought that your rights to care for your children might not be awarded or might be taken away by your ex-spouse. Let The Law Office of Jimoh PC. assure you with a powerful strategy to present your case before the court.

Call us today at (713) 999-6585 or contact us online and find out how our child custody lawyer in Houston can offer powerful advocacy in aiding you and your family to stay together.

What Sets us apart?

A Reputation of Integrity, Compassion & Competence
  • Direct Access to the Attorney From Start to Finish
  • Thousands of Cases Successfully Handled
  • Phone & Zoom Consultations Available
  • Over 15 Years of Experience Practicing Family Law
  • A Well Respected Reputation in & Out of the Courtroom
  • Personalized Approach For Every Client

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