The courts prefer that both parents be involved in the decision-making regarding the child’s life. Thus, in custody cases, the courts may award joint managing conservatorship, as it’s known in Texas but may be also be known as joint legal custody. While in some cases, the court will also award joint possessory conservatorship (or joint… Read More
Child Custody - Frequently Asked Questions
Will my children get a say in child custody in Texas?
Previously, the child could file a written preference with the court to inform a judge of his or her preference. But this led to problems when both parents had the child write down his or her name. So now, in a nonjury trial, the judge may interview the child in chambers to determine the child’s… Read More
Parents’ visitation rights: Can a parent who committed violence get visitation?
A non-custodial parent in Dallas may get reasonable visitation rights to ensure access to the child. When a parent physically abuses a family member in the home it is called domestic violence. In cases of child custody and parents’ visitation rights, domestic violence can affect a judge’s decision. In Texas, the courts consider multiple factors… Read More
Can I get a temporary emergency custody order?
Yes, sometimes the courts will issue a temporary emergency custody order. Of course, the court must determine it’s warranted and in the child’s best interests. It’s done by contacting the court that has local jurisdiction. This is often the court in the county where the child lives. Reasons to File a Temporary Emergency Custody Order… Read More
What are the Types of Child Custody Orders in Texas?
General Guidelines Custody. The key for every custody decision in Texas is what is in the best interest of the child. It is not what is in the best interest of the parent. Texas law uses different terms than other states for custody matters. Other states use terms like joint legal custody and sole custody…. Read More
Child Custody Mediation vs. Court Setting
In most cases, mediation is a much better option for determining child custody arrangements than a drawn-out court battle, it can: result in a faster resolution; encourages communication between both parties; and be much cheaper than having the courts settle your custody matters. Understanding How Mediation Works Child custody mediation can be a good alternative… Read More
What does the court consider in deciding if grandparents should have custody or visitation rights?
In Texas, grandparents may have the right to possession and access to the child, or even the right to physical custody (managing conservatorship), which entails primary residence and/or ability to make decisions regarding the child’s life. This will depend on the circumstances and what the court believes is in the child’s best interests. Grandparents’ Right… Read More
Does the court consider criminal charges when awarding custody?
When determining custody of a child, the courts will look at a criminal record. This also pertains to criminal convictions. Additionally, a new partner’s criminal record will come under scrutiny if your child often interacts with the new partner. Under Texas Family Code Section 153.002, the courts must make custody decisions based upon what they… Read More
How do we decide who gets our children on certain holidays?
The parents may make decisions regarding who gets the children on certain holidays, or state laws may apply. Of course, it’s best if parents can come to a mutual agreement. In fact, it should be the goal (as much as possible) to work together on any issue surrounding the children. How the Standard Possession Order… Read More
What are mothers’ rights in child custody?
Mothers’ rights in child custody do not automatically grant her care of a nursing infant. When determining custody, judges will look at a whole panel of factors, and whether or not the infant is breastfeeding is only one of the factors that will be taken into consideration. What Texas Laws Say about Nursing Infants and… Read More
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