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.
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.
Contact us now at
(713) 999-6585 and discover the answers to all your unanswered questions with the support
of a child custody attorney.
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
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.