For most families experiencing divorce, the question of who will care for the children after the divorce becomes the most important issue. The attorneys at The Law firm Of Pat White understand that a child custody disputes is a very emotional experience, particularly for the children involved. Our attorneys will protect your rights as a parent and help shield your children from the process as much as possible. If you are experiencing a divorce in Fort Worth, or Tarrant County contact Pat White today.
Our attorneys are ready to answer your most sensitive questions regarding all aspects of a child custody dispute. Some common areas of concern include:
The attorneys at Pat White are experienced and knowledgeable about all facets of child custody law, and are ready to help your family determine what type of custody arrangement will work best for you. Our attorneys are ready to fight for your rights as a parent should a courtroom battle become inevitable.
Just like any other decision a parent makes, the decision to take a child custody battle to the courtroom should be based on the best interest of the child. A divorce is a very emotionally jarring experience for a family, and it’s important to recognize that a highly contentious legal battle may do more damage than good. Many divorcing couples do not realize that they have the ability to reach an agreement regarding child custody on their own, without the court’s involvement. Mediation services may also be available to help the parents reach an amicable agreement, and in some cases may be ordered by the court.
There are instances where an agreement cannot be reached, and a trial will occur. Obviously, cases involving abuse, drug use or neglect of the child should probably be decided by a judge. It’s important to remember that it will become more difficult, if not impossible, to protect the child from a custody battle once it goes to court. It’s important that the parent discuss all of the relevant facts of their case with their attorney, and be willing to consider all options for working out the child custody dispute.
There are two types of orders that the court will create regarding child custody. The first is the Conservatorship Order. This order determines each parent’s rights and responsibilities.
In Texas, there is a presumption that divorcing parents will be Joint Managing Conservators of their children. Being named Joint Managing Conservators does not mean that both parents will share custody equally. Instead, Joint Managing Conservatorship means that parents will share the important rights and responsibilities of parenting. These rights may include access to medical records, decision making ability regarding education and medical care, and responsibility for the religious education of the child.
In other situations, the Court may decide that one parent should be the Sole Managing Conservator of the child. That parent will exercise more of the parental rights and responsibilities, but the other parent will still retain visitation rights.
In addition to the Conservatorship Order, there is also the Possession Order. The Possession Order determines when the child will be with each parent. It is what most people think of when they think about custody disputes.
Child custody battles can be very emotionally upsetting, particularly for the children involved. After a divorce, children and adults need time to heal, adjust, and come to terms with their new living arrangements. It is very important to remember that a rehashing of a custody dispute after the divorce is over can be very distressing to everyone involved, and might do more harm than good. We encourage anyone who is considering asking the court to modify their custody arrangement to consider out-of-court remedies first, and resort to a courtroom battle only when absolutely necessary. Our attorneys can speak with you about all of your options in handling this particularly sensitive situation.
At Pat White we understand that situations may have changed regarding the custody of your children, and we will work to ensure that they have the best possible living situation following the modification of your child custody agreement. If you're a resident of the greater Tarrant County area including Fort Worth, Benbrook, Lake Worth, Eagle Mountain, Saginaw, Blue Mound, Weatherford, Azle, Granbury, Aledo, and Surrounding Areas and have questions concerning child custody modification in Texas, get in touch with our attorneys and schedule a consultation to discuss the particulars of your case.
It is always important to consider why you want to modify your custody arrangements. Doing it to “get back at” your ex-spouse is never an acceptable reason, and will probably hurt your relationship with your children more than help it. However, there are plenty of valid reasons to consider modifying a custody agreement, including a change in financial resources, better educational opportunities for the child, serious illness or injury of a child or parent, or the preferences of the child or parent.
Most parents do not realize that they can choose to modify their custody agreement on their own. Courts almost always agree to the wishes of the parents, as long as they are in the best interest of the child. It is perfectly acceptable to ask the court to make an agreed-to modification of the order, and the court will almost always do so.
It is also possible for the parents to bypass the court altogether, and agree that the child will live with one parent instead of the other without formally modifying the order. However, this could be a risky maneuver for the parent taking custody of the child, as the other parent may decide to enforce the still-valid order at any time and take the child back. This risk decreases after the child has been relinquished for more than six months, but there is still the possibility that the court might enforce the original order.
Your attorney can explain the risks and benefits of choosing to handle your custody arrangement out of court and help you make the best decision for your family.
Courts will modify an order regarding possession of the child only if the modification is in the best interest of the child, and one of these three tests is met:
Examples of changed circumstances include moving very far away, or changing your lifestyle significantly (such as starting a new job, which would require the child to be alone at night). There is no clear Texas law regarding whether remarriage is a significant, material change.
You should disclose any changes in lifestyle or location to your lawyer, so that he or she can help you decide whether those changes might be material and significant.
If a parent is convicted of child abuse or an offense involving family violence, or an order of deferred adjudication is entered against the parent, this is a change of circumstances warranting modification of the order.
Children need a stable environment. The State of Texas discourages too many changes to the child’s primary residence. Courts will usually deny a motion to modify the custody arrangement if the motion is filed within a year of a modification to the child custody order. However, the court will allow for the second modification if:
The Fort Worth child custody attorney Pat White is committed to excellence in family law representation. We will help you find solutions that are right for your family. If you are in Tarrant County including Fort Worth, Benbrook, Lake Worth, Eagle Mountain, Saginaw, Blue Mound, Weatherford, Azle, Granbury, Aledo, and Surrounding Areas, contact us today to speak directly with one of our attorneys about your case.
Regardless of whether one parent is named Sole Managing Conservator or the parents share conservatorship, a visitation schedule will need to be created. The visitation schedule will become part of the divorce decree, as the Possession Order. The parents can agree to a visitation schedule that works for their family, which will almost always be adopted by the judge. In cases where the parents cannot agree, the court will determine a visitation schedule.
The Texas Family Code sets out a standard visitation schedule for children three years old and older, where the parents live less than 100 miles apart. This schedule provides that the parent the child does not live with has custody on the following days:
Weekends: the first, third, and fifth weekend of each month, beginning either at the end of school on Friday or 6 PM, and lasting through 6 PM on Sunday.
Thursdays: during the school year, generally from 6 to 8 PM
Minor holidays: the parent the child does not live with will have visitation with the child from 6 until 8 PM on its birthday. Fathers will have the child on Father’s Day, and mothers will have the child on Mother’s Day.
School Breaks: in even numbered years, the parent the child does not live with will have visitation with the child on Spring Break and Christmas Break through December 28. The other parent will have the child on Thanksgiving and for the remainder of Christmas Break. In odd numbered years, that arrangement is reversed. The non-custodial parent will also have visitation for 30 days during the summer.
There are alternative schedules for children under 3 years old, and for situations where parents live 100 miles apart. Where the parents live 100 miles apart, the non-custodial parent will get possession of the child for 42 days during the summer. The non-custodial parent may choose to have visitation during the first, third and fifth weekend of the month, or may opt for one weekend a month.
In cases where the parents cannot reach an agreement on their own, custody is usually determined by a judge at an evidentiary hearing. Sometimes a jury may decide custody issues. At the hearing, each side will put on evidence, which may include witnesses.
The standard the judge uses to determine which kind of custody arrangement to order is the “best interest of the child” standard. The child’s well-being is the judge’s focus, and he will look at all of the evidence presented to determine what is in the best interest of the child. Some questions the judge might have in making this determination include:
In some cases, the judge may order the parents or child to be evaluated by a psychologist. The judge might also order a social study, during which a social worker will visit both homes and the family and file a report with the court. In other cases, the court may appoint an Amicus Attorney, a lawyer who will help the court decide which parent the child should live with. These professionals will help the judge decide which custody arrangement is best for the family.
If a child is over the age of 12, he or she may state in sworn, written testimony which parent he or she would like to live with. The child’s decision is not binding on the court but may be persuasive.
The court may order geographic restrictions on the parents, to help keep the child in his or her community. For example, the court might order the parent with whom the child lives to remain in the county where they are living at the time of the divorce, or in a county adjacent to it. The parties can agree to a less severe restriction, or no restriction, if they choose to do so. However, these restrictions can be beneficial to maintaining the child’s well-being after the divorce. If the parent with possession of the child wishes to relocate outside of the restricted area, the court will determine whether the child should move with them based on a variety of factors, including:
How the move will affect the child’s relationship with the other parent
The child’s relationship with the parent who is moving
How communication and visitation will be maintained with the other parent – including who will pay for the cost of travel for visitation
As always, the best interest of the child is the court’s main concern.
In Texas, Chapter 153 of the Texas Family Code governs conservatorship, possession and access to the child.
Texas State Attorney General - Texas State Attorney General’s Website, which provides a wealth of information regarding child custody and child support matters in Texas.
If you are experiencing a divorce and have questions regarding child custody, it’s important to speak with a Texas family lawyer right away to protect your rights as a parent and determine which kind of custody arrangement will work best for your family. The attorneys at Pat White are experienced with handling child custody disputes Contact us today to speak directly with one of our attorneys about your case.
