Child Custody

This part of family law can oftentimes be the most difficult for parents.  Custody in Texas family law typically refers to conservatorship and possession and access.  Conservatorship entails the right to make decisions about your child’s day-to-day needs; it includes where the child will primarily live, medical decisions, educational decisions, and other rights and duties each parent will have when the child is with that parent.  Possession and access entail a set out schedule for time each parent will have with the child, and is commonly referred to as visitation periods.

A typical standard possession order (for children aged 3 or older) includes (but is not limited to):

• Every first, third, and fifth Friday from 6 p.m. to the following Sunday at 6 p.m.;
• Every Thursday evening during the school year from 6 p.m. to 8 p.m.;
• Every other Spring Break;
• Every other Thanksgiving;
• Half of Christmas break, with parents alternating which half they get every other year;
• Thirty days in the summer.

Anytime children are involved in a family law matter, the child’s best interest is the main focus and concern for the family courts.  Custody (physical and legal) can be solely given to one parent or joint custody to both parents.  Visitation rights are awarded to the non-custodial parent.  There are various possession orders that can be achieved in a case, including the standard possession order, expanded standard possession order, or a modified possession order.  Parents may be able to reach an agreement on all issues regarding their children, including child support, health insurance for the child, rights and duties each parent will have, geographic restrictions, travel provisions (national and international), and visitation periods.  If an agreement cannot be reached between the parties, the mediation process will be required and may provide solutions.

If custody is a disputed issue, the Court may appoint an Amicus Attorney to represent the child’s best interests. Child custody issues can arise in a divorce context, or even outside of a divorce context (for example where parties have children together, but were never married, and require a suit affecting parent-child relationship). Our goal in these cases is to help the judge see all sides of the child’s issues, so that the best interest of the child is never lost.