We Have The Experience You Need When Fighting For Custody of A Child.

Child custody can be a complicated and emotional process, but having an attorney that has a deep understanding of child custody laws in Texas, will help you not only navigate the system, but ensure fair treatment. Whether you’re seeking joint or sole custody, we can discuss your options, what to expect, and how we will help. Call today to schedule your consultation and discuss your custody case.

Child Custody In Texas

Child custody is one of the most important aspects of a divorce or separation if you have children. In Texas, child custody arrangements are made with the child’s best interests in mind. This is why joint managing conservatorships are presumed to be in the best interest of the child. The court will remove this presumption if there is a history of family violence.

In Houston, Texas child custody can take different forms. This includes sole custody and joint custody. Below, we’ll review child custody in Houston, including how its decided, how to file and how child support is determined.

Joint Managing Conservatorship (JMC)

In Texas, child custody is legally referred to as conservatorship. A Joint Managing Conservatorship (JMC) is a custody arrangement in which both parents share the rights and responsibilities of raising their child. This is different from parenting time, though; the “joint” in JMC doesn’t necessarily mean that the child spends equal time with each parent.

In a JMC, both parents are expected to work together on important decisions regarding the child’s upbringing. This includes decisions about education, healthcare, and religious practices. One parent may still have the exclusive right to make certain decisions, like where the child primarily lives or goes to school.

Texas courts prefer JMC arrangements. They are considered better for the child’s overall well-being by allowing both parents to remain actively involved in the child’s life.

Here Is How Child Custody Decided in  Harris And Ft. Bend County

In the Harris county and FT. Bend county the family courts look at multiple factors when determining what custody arrangement will best serve the child’s physical, emotional, and mental needs. Some of these factors include:

• The child’s emotional and physical needs now and in the future
• The stability of each parent’s home environment
• Each parent’s ability to care for the child
• Any history of domestic violence or abuse
• The child’s preference (in some cases, if the child is 12 or older)

The court will also look at each parent’s ability to cooperate with the other in making decisions. In cases where both parents can work together effectively, a JMC is likely the best option.

But if one parent is deemed unfit or unable to share in decision-making responsibilities, Sole Managing Conservatorship (sole custody) may be granted to the other parent. In cases of sole custody, the parent with SMC has the exclusive right to make decisions about the child’s education, medical care, and other important matters.

How Do I File for Child Custody in Harris or Ft. Bend County?

To file for child custody in Houston, you’ll need to file a custody petition with the family court. If you’re going through a divorce, child custody will be a part of your overall divorce case. Here are the steps involved:

1. File a Petition: You or your attorney will file a custody petition with the court. This petition will outline your request and explain why your proposed arrangement is in your child’s best interests.
2. Serve the Other Parent: After you file, the other parent must be officially notified (or “served”) with the custody petition. They’ll have an opportunity to respond and state their position on custody arrangements.
3. Attend Hearings: Once both parents have filed their paperwork, the court will set hearings to review the case. In many cases, the court will require mediation first to see if an agreement can be reached without going to trial. If both parents can agree on custody, the judge will likely approve the arrangement.
4. Go to Trial (if necessary): If you and the other parent cannot agree on custody, the case will go to trial. A judge will listen to both sides, review evidence, and make a final decision based on the child’s best interests.

How is Child Support Decided in Texas?

Child support in Texas is designed to help cover the costs of raising a child. The amount of child support ordered depends on the income of the non-custodial parent (the parent who does not have primary physical custody) and the number of children involved.

In Texas, child support is calculated using a percentage of the non-custodial parent’s monthly net resources, which include salary, wages, commissions, and bonuses, minus certain deductions (like taxes and social security). The standard percentage used for child support payments is:

• 20% for one child
• 25% for two children
• 30% for three children
• 35% for four children

The parent who has primary physical custody does not typically pay child support, but both parents are responsible for providing for their child’s needs.

Child support orders can be adjusted in certain cases, such as when a parent’s financial situation changes significantly or the child’s needs change.

Visitation and Parental Rights

Even when one parent has primary custody, the other parent usually has visitation rights. Texas courts use a Standard Possession Order (SPO) to outline the visitation schedule. This schedule includes weekends, holidays, and extended visits during the summer.

Unless your child is subject to a SMC, both parents have rights under Texas law. These include the right to access the child’s medical and educational records, attend school functions, and be informed about major events in the child’s life.

Houston Child Custody Attorney:

Ideally, parents should be able to work out an appropriate custody arrangement.  At The Law Office of Nora V. Law, we understand that this is not always the case and situations arise which require a custody fight.  It is during these times that The Law Office of Nora V. Law will ensure that your concerns, options, and position are represented.

Schedule Your Free Consultation

Whatever your circumstances, family law issues are never easy and it pays to hire a lawyer you can trust.  The Law Office of Nora V. Law will show you what a difference an experienced and compassionate attorney can make in your family law matter.  Call Nora V. Law, Houston Family Lawyer to schedule an in-depth Consultation today at 281-829-7621.

Areas We Serve:
Harris County | Ft. Bend County