Category Archives: Child Custody
Will Joint Physical Custody Work for You?
I work daily with clients to manage, arrange or enforce child custody arrangements in Texas, especially in the southeastern corner of Texas in and near Houston. If you have a family and are divorced, chances are good you will deal with a conservatorship issue somewhere along the line. Along with property issues, disagreement over child… Read More »
Can Children Decide Where They Live?
Texas law prohibits a child from choosing which parent he or she will live with after a divorce. But a child’s preference is important — to the parents, to the court, and most of all, to the child. At the quiet center of any divorce storm reside children. Pulled this way and that, children receive… Read More »
What Are Grandparents’ Visitation Rights under Texas Law?
Overall, Texas law gives parents priority when it comes to custody of their children. Parents also have the right to determine who has visitation with their children and to what extent. Other parties can have visitation as long as the parents agree. So when everyone agrees, parents and grandparents, there are no issues. When conflicts… Read More »
Texas Custody Guidelines for Children Three Years and Younger
For many years Texas did not have definitive guidelines to determine custody for children three years old or younger. The courts ruled on cases based on their discretion and whatever they determined to be appropriate according to the existing statute. Determining custody (possession) for children three years and younger remained a murky area of law…. Read More »
Resolving Custody Conflicts Through Mediation
You can wind up in mediation to work out your disagreements with your spouse about child custody. The court can order you to mediation or you can choose it as an alternative to litigation. In fact, you can resolve divorce and all of its issues through mediation, if appropriate. The mediator’s role The mediator cannot… Read More »
Alternative Dispute Resolution for Custody Disputes
Child custody is often a contested issue during divorce. When parents fight over who gets custody or terms of custody, courts can motion to use alternative dispute resolution procedures. A spouse can also enter a motion for alternative dispute resolution (ADR). Texas courts give special consideration to parent-child relationships and encourage amicable dispute resolutions. ADR… Read More »
Paternity Complexities
Dealing with paternity can involve complicated issues which add to the difficulty of understanding your legal rights. Who the father is in the eyes of the law may seem unclear. Some examples of paternity complications include: The mother is married to someone other than the biological father before the child is born Within 300 days… Read More »
What Is an Acknowledgement Of Paternity?
In recent years, increasing numbers of unmarried couples have had children together. Consequently, paternity has become an issue, especially in relation to child custody and support matters. Texas has passed a number of laws to clarify and help resolve paternity issues. An Acknowledgement of Paternity (AOP) has the purpose of legally establishing parentage and is… Read More »
How the Courts View Custody in Relation to Email and Electronic Communications
Electronic devices such as smart phones, notebooks, and laptops that provide email, texting, and web cam capabilities have changed the way families communicate in a fast-paced world. Wireless technology has opened up communication channels between divorced parents and their children. While Texas courts encourage parental contact for child development, they also realized a need to… Read More »
How Domestic Violence History Affects Child Custody Rights
In addition to limiting a parent’s custody rights through supervised or limited visitation, a background of domestic violence can also result in other restrictions on the parent. To be allowed access to the child, the parent may have to comply with a court order under the Texas Family Code that limits the parent in the… Read More »