Navigating child custody in Texas can be an emotionally taxing and legally complex process. When parents separate or divorce, determining a fair and child-centered custody arrangement is one of the most important aspects of the case. Texas family courts prioritize the best interests of the child, ensuring they have stability and meaningful relationships with both parents whenever possible.
If you’re facing a custody dispute in Fort Bend County, working with a child custody lawyer in Fort Bend County can help you understand your rights and options. This guide explains how Texas courts decide custody, what factors influence decisions, and how legal representation can help protect your parental rights.
Types of Child Custody in Texas
Texas law refers to child custody as “conservatorship.” There are two main types:
- Joint Managing Conservatorship (JMC)
In most cases, Texas courts prefer joint custody, where both parents share decision-making responsibilities for the child’s well-being. This includes education, healthcare, and religious upbringing. However, joint conservatorship does not necessarily mean equal physical custody or parenting time.
- Sole Managing Conservatorship (SMC)
In some situations, the court may grant sole custody to one parent. This typically happens if the other parent has a history of:
- Domestic violence
- Substance abuse
- Neglect or child endangerment
- A criminal record
If sole custody is awarded, the non-custodial parent may still receive visitation rights unless the court determines it would harm the child. A family attorney in Fort Bend County can help determine the best course of action based on your specific case.
How Texas Courts Determine Custody
When determining custody, Texas courts focus on what is in the best interests of the child. Some key factors include:
- The Child’s Emotional and Physical Needs
Courts assess which parent can best provide a stable and nurturing environment. This includes access to education, healthcare, and emotional support.
- Parental Abilities and Stability
The court evaluates each parent’s ability to care for the child, provide financial support, and maintain a stable home environment.
- The Child’s Preference
If the child is 12 years or older, the court may consider their preference regarding which parent they want to live with. However, the judge has the final decision.
- Parental Cooperation and Co-Parenting Ability
Texas courts favor parents who can work together to co-parent effectively. If one parent is hostile or unwilling to cooperate, it may impact the court’s decision.
- History of Domestic Violence or Substance Abuse
If a parent has a history of abuse or substance-related issues, the court may restrict their custody or visitation rights.
A Fort Bend County family lawyer can present evidence supporting your case and ensure your parental rights are protected.
Parenting Plans and Visitation Rights
Standard Possession Order (SPO)
Texas law provides a Standard Possession Order (SPO), which outlines how visitation is typically scheduled. This applies unless parents create a different agreement or special circumstances require modifications.
For non-custodial parents, typical visitation under an SPO includes:
- First, third, and fifth weekends of the month
- Thursday evenings
- Alternating holidays
- Extended time during summer vacation
Parents can also work with a child custody lawyer in Fort Bend County to develop a customized parenting plan that better suits their family’s needs.
Modifying Child Custody Orders
Circumstances can change, requiring custody arrangements to be modified. A child support modification lawyer in Fort Bend County can help if:
- One parent relocates
- The child’s needs change
- A parent becomes unfit(e.g., drug abuse, criminal activity)
- The child expresses a preference to live with the other parent
If you need to request a modification, it’s crucial to work with an experienced child custody lawyer in Fort Bend County to present a strong case.
Enforcing Custody and Visitation Orders
Unfortunately, some parents refuse to follow court-ordered custody arrangements. If the other parent is denying visitation or violating the custody order, legal action may be necessary. A family attorney in Fort Bend County can assist with enforcement, ensuring your rights and parenting time are upheld.
Protecting Your Parental Rights
Whether you’re negotiating a custody arrangement or fighting for enforcement, working with an experienced child custody lawyer in Fort Bend County is essential.
Need help with a child custody case? Contact Daniel Ogbeide Law today. Our team of experienced child custody lawyers in Fort Bend County is dedicated to helping families find fair and effective solutions.