Houston Child Custody Attorney
Fighting for Custody Rights for Parents and Children in Texas
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 most challenging aspects of the situation is if there are any children involved. After all, most parents desire to be actively engaged in their children's lives, no matter their relationship with their ex-partner.
The difficulty comes in deciding which parent gets custody of the child or children, particularly in cases where both parents live near the children’s community, school, and other vital locations.
While courts tended to favor custody awarded to the mother in the past, now both parents can apply for guardianship. No matter the situation, rely on our experienced child custody attorney in Houston, TX, to demonstrate that your child will benefit most from being in your custodianship.
Contact Us Now at (713) 999-6585 to schedule a consultation with our Houston Child Custody Lawyer today.
Child Custody Laws in Texas
In Texas, any arrangements regarding child custody are determined by the courts. Therefore, 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 choose a better joint managing conservatorship, 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 in Houston?
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 parent’s 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.)
Is Texas a Mom State With Custody?
Texas is not a "mom state" with custody. Instead, the Texas Family Code states that the court shall award custody to the parent who can best provide for the child's physical, emotional, and intellectual needs. The TX court will consider several factors in making this determination, including the child's wishes, the parenting abilities of the parents, and the stability of the parent's homes.
In the past, Texas courts were more likely to award custody to mothers. However, this is no longer the case. There has been a trend towards awarding joint custody in recent years, meaning the child lives with both parents for significant periods.
If you are going through a custody struggle in Houston, Texas, and are concerned about custody, speaking with an experienced Houston family law attorney is crucial. A custody attorney can help you understand your legal rights and options and can represent you in a Houston courthouse.
What is an "Unfit Parent?" Under Texas Law?
According to Texas law, an unfit parent 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 lack of desire to take responsibility for the child's treatment through their words or acts.
How is a Parent Proven to Be Unfit?
A parent may be deemed unfit in severe child custody cases. Rather than being presumed innocent unless proven guilty, they would have to show that this isn't the case by convincing proof. This is a red flag when a parent has three or more felony convictions or has been convicted of a depravity offense such as sexual assault.
If you are convicted of being an abusive parent, the risk of losing custody of your child is genuine. As a result, it is essential to grasp the meaning and legal conditions before beginning the child custody disputes.
What is the Difference 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 desire for your children to have intimate, close relationships with you and your ex-partner, so one parent will be responsible for 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.
Call the Houston Child Custody Lawyer at The Law Office of Jimoh PC Today
Suppose you encounter a difficult situation with your former partner regarding child custody. In that case, 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 child custody 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