Child Custody
Although the financial aspects of a divorce can be exceedingly stressful, generally, the most important parts of a divorce, and of course, a child custody dispute, are the welfare and best interests of the children involved.
Whether your case involves a divorce, an original suit affecting the parent-child relationship (“SAPCR”) or a modification of child custody, at Tucker Law Firm PLLC, can provide compassionate, capable and realistic advice concerning the custody of your children. If you are a grandparent or other concerned adult with a recognized interest in the welfare of someone else’s children, I can direct and guide you in determining the best course of action to attain your goals concerning the welfare of the children.
In Texas, the nomenclature used to describe conservatorship arrangements is admittedly confusing. Suffice it to say that it is generally presumed that the parents of the children should have shared responsibility for the raising of their children. As a consequence, while one parent is usually given the right to designate the primary residence of the children (primary joint managing conservator) and one parent is given visitation rights and the obligation to provide child support, the major decisions concerning the child are shared between the parents.
The overriding concern and guiding principle followed by the courts in determining child custody issues is the best interest of the child. While there can be an infinite variety of child custody arrangements, the Texas Legislature has constructed a statutory scheme that is presumed to be best for the children in a child custody dispute. That scheme involves the shared rights of each parent to make significant decisions for the children and a visitation schedule commonly referred to as a standard possession order.
The standard possession order in Texas gives the “nonprimary” conservator the right to possession and access to the children during the first, third and fifth weekends of each month; 30 days during the summer: and alternating periods of possession during recognized holidays, as well as dedicated possession for mothers during Mother’s Day and fathers during Father’s Day. However, out of this basic statutory model, the parties and courts have the ability to customize the visitation provisions to suit the varied needs of families and children.
Many times, parents have unique work schedules that may not fit into a standard possession schedule. For example, police officers, firefighters, EMTs, airline pilots/flight attendants and oil field employees, as well as others, require a more customized possession schedule to maximize their time with their children. We can help you determine and obtain a schedule that works for you.
Additionally, possession schedules that divide time equally between the parents, 50-50 possession schedules, may work for you and your family. In that case, we can help develop a schedule that accomplishes equal time.
Frequently Asked Questions About Child Custody
Child custody issues can be among the most complicated aspects of a parent’s divorce, and they bring a lot of anxiety to the surface. Here are the answers to some common concerns:
What should I do if the other parent is not following the custody agreement?
If your co-parent is not compliant with your custody agreement, such as failing to arrive on scheduled custody days or making major decisions for the child without including the other parent, you always want to try to resolve the issue amicably with direct communication. That being said, you should still document everything. Keep detailed notes of all violations, and copy all communications for your records.
If your attempts to resolve the issues fail, you may need to go back to the court to ask for mediation, a modification of the custody order or even to ask the court to hold your co-parent in contempt.
What role does a child’s preference play in a custody decision in Texas?
In Texas, the court will consider the child’s preference once the child is 12 years of age or older – but that is only one factor of many in play. The more mature the child and well-reasoned their statements to the judge who interviews them, the more weight their preference may have. However, the court will also look at each parent’s ability to provide a safe, stable and supportive environment for the child, above all.
In general, the court will ultimately make the decision based on the child’s best interest – which may or may not align with the child’s wishes.
What if I am concerned about the safety of my child with the other parent?
If there is immediate danger, you may need to contact the police or child protective services or file for an emergency protective order. In all other cases, you need to document your concerns as fully as possible and continue to follow any court orders regarding possession and access until you can petition the court for a modification and present your case to limit your co-parent’s time with your child.