It can feel overwhelming to learn how to get custody of a child in Texas, especially when emotions are running high. Understanding the legal process will help protect your relationship with your child. Courts in Texas prioritize the child’s well-being, taking into account a multitude of factors, like the child’s needs and the ability of each parent to provide a stable environment.
When custody disputes become contentious, finding legal guidance is the best step you can take to protect your rights. Warren & Migliaccio, L.L.P. knows that you wish to shield your child from this contentious matter as much as possible. We understand the stress that custody battles can take on your family, so we’re here to support you during the entire journey.
Quick Takeaways
- Custody cases in Texas involve conservatorship (legal custody) and possession (physical custody).
- Courts assess factors like stability, safety, and the child’s preferences.
- Filing a SAPCR is the initial step in requesting custody.
- While an attorney is not required, it is strongly recommended due to the complexities of Texas custody law.
How to File for Child Custody
Filing for child custody in Texas involves several important steps that parents need to follow carefully. The process begins by completing a petition, specifically the “Petition to Establish Custody,” which outlines your request for legal and/or physical custody of your child.
Once the petition is completed, it must be filed with the appropriate district or county court in the jurisdiction where your child resides. Filing fees apply, but some parents may qualify for a fee waiver depending on their financial situation.
After filing, the other parent must be formally served with the court papers, notifying them of the custody case. Texas law requires that the other party be given adequate time to respond, which is generally 20 days. Once both parties have been informed, the court may require mediation as an attempt to resolve custody issues outside of the courtroom.
If mediation is unsuccessful or not required, the case proceeds to a custody hearing, where both parents present evidence and arguments supporting their desired arrangement. Timelines for child custody cases vary depending on the complexity of the situation, but the process can take several months from start to finish. Temporary orders for custody may be issued during the case, offering a temporary arrangement while the final decision is being determined.
Custody Types in Texas
Texas custody cases focus on conservatorship, which relates to decision-making authority, and possession, which refers to where the child lives. Sole conservatorship grants one parent full decision-making power, while joint conservatorship divides responsibilities between both parents. Even in joint arrangements, one parent may have primary physical custody, while the other has visitation rights.
Possession outlines the living arrangement and visitation schedule. Courts work to establish arrangements that benefit the child’s well-being. Both parents must adhere to the court’s ruling, though the specifics may be modified if circumstances change.
Filing a Suit Affecting the Parent-Child Relationship (SAPCR)
Texas law requires parents seeking custody to file a Suit Affecting the Parent-Child Relationship (SAPCR). This legal document officially begins the custody process, allowing the court to evaluate the situation and issue a ruling. Filing a SAPCR includes completing the necessary paperwork, providing information about both parents, and outlining the requested custody arrangement.
Once filed, the court reviews the information and sets a date for a hearing. Both parents can present their arguments, and the judge makes a decision based on what’s best for the child.
What Courts Consider When Determining Custody
There is a common misconception that Texas courts prefer mothers for child custody cases. The courts prioritize the child’s best interests, examining several factors before making a custody decision. The sex of the parent is not a determining factor. Instead, stability, emotional support, the child’s relationship with each parent, and the child’s age all play a role in the decision-making process. In some cases, the child’s preference may also be considered, particularly when the child is mature enough to express a reasonable opinion.
The court also looks into each parent’s ability to provide a nurturing environment, financial stability, and any history of domestic violence or neglect. Parental involvement in the child’s education, healthcare, and general well-being carries weight in custody decisions.
Temporary Custody Orders
Temporary custody orders may be issued while the SAPCR is pending. These temporary arrangements establish guidelines for living arrangements, visitation, and child support until a permanent order is reached. Courts may issue temporary orders to protect the child’s stability during the legal process.
Temporary custody can later turn into a permanent arrangement, or it may change based on new developments. Parents should take temporary orders seriously, as they set the groundwork for the final custody ruling.
Modifying a Custody Agreement
Once a custody agreement has been set, life changes can warrant modifications. Moving to a different location, changes in a parent’s financial status, or shifts in the child’s needs are common reasons to request an adjustment. Texas law allows for modifications if there is a material change in circumstances.
A formal petition must be filed to request changes, and both parents will have an opportunity to present their case. Courts remain focused on the child’s needs, so any modifications must reflect what benefits the child’s well-being.
Enforcement of Custody Orders
Sometimes, one parent may fail to follow the terms of the custody agreement. In these cases, legal action can be taken to enforce the court order. Enforcement measures may include fines, adjustments to visitation rights, or even jail time if violations continue.
Parents who find themselves dealing with a non-compliant co-parent should keep records of missed visits or violations. These records help demonstrate ongoing issues and support enforcement efforts in court.
Legal Representation in Child Custody Cases
Child custody disputes can be stressful and life-altering, but you don’t have to face the process alone. Skilled legal representation can make a significant difference, whether you’re establishing an initial custody agreement or modifying an existing one. Texas child custody attorneys advocate for your rights and guide you through the legal system so you and your family feel supported and protected.
Without legal guidance, it’s easy to become overwhelmed by paperwork, deadlines, and court appearances. Working with an attorney helps clarify your rights and responsibilities as a parent, and gives you a stronger chance of getting a favorable custody arrangement.
Preparing for a Custody Hearing
A custody hearing is one of the most important moments in any custody dispute. Preparing thoroughly will help you present a strong case. Parents should gather all necessary documentation, like records of their involvement in the child’s education, healthcare, and extracurricular activities.
Witnesses, including teachers, doctors, or close family members, may also be called upon to testify about the child’s relationship with each parent. It’s also helpful to practice answering potential questions the judge may ask. Working closely with your attorney during this preparation phase makes sure you are ready to present your case confidently and clearly in court.
Do You Need Help with Your Child Custody Case?
Child custody cases in Texas often result in emotional and legal distress, which is why you shouldn’t navigate them alone. Understanding Texas custody laws, seeking legal counsel, and being prepared for each step of the way will make sure you’re properly equipped for your case.
If you’re involved in a custody dispute with the child’s other parent, it’s in your best interest to have a savvy, tenacious child custody lawyer in your corner. Whether you need to establish a custody agreement, modify an existing one, or enforce an agreement, the attorneys at Warren & Migliaccio, L.L.P can assist you. Contact us now to schedule a free consultation.
