Let Us Help You Protect Your Rights and Promote the Best Interests of Your Children
When your marriage is over and there are minor children remaining in the marital home, they are your first priority. You want to know that their needs will be met. At the same time, you want to maintain a strong relationship with them, to be there to offer them guidance, and to share in their growth and upbringing. Hopefully, your ex feels the same way, and will work cooperatively with you to ensure that you have meaningful time with your children. Unfortunately, custodial parents can often use children as pawns, wrongfully denying access. To ensure that your rights are fully protected, you want experienced and knowledgeable legal counsel. You want Bailey & Galyen.
At Bailey & Galyen, we have worked with custodial and non-custodialparents in divorce proceedings in Texas for more than 40 years, working hard to help them find solutions that are in the best interests of their minor children.We built our practice on a strong commitment to hard work, open communication and the highest levels of client service. We will take the time to carefully listen, so that we understand the unique circumstances of your case, as well as your goals. We’ll immediately inform you ofall developments in your case, and will carefully explain your options, as well as your chance of success, so that you can make good decisions about your relationship and interaction with your children. We understand the need for regular communication with your attorney and work hard to be available and accessible when you need to talk with us.
To set up a meeting with an experiencedSan Antonio child custody lawyer, contact Bailey & Galyen online or call our offices at 844-402-2992.
How Texas Law Governs Rights of Children and Parents in Custody and Visitation Matters
TheTexas Family Code, whichsets forth the rights and responsibilities of parentsin custody and visitation proceedings, grants equal rights to mothers and fathers in custody matters. Whena marriage is legally dissolved in the Lone Star State and there areminor childrenin the marital home, each parent is presumed by law to be a “joint managing conservator.” The parents haveequal decision-making authority with respect to most issues involving the minor children, and they also have equal responsibility for the child’s well-being. That does not mean, however, that both parents have a right of equal time with the children.
Often, the parties to a divorce proceeding will work outtheir own custody/visitation plan, without involvement from the court. Even when they do, though, the custody arrangement must be in writing and must be approved by the court.If the parents cannot come to an agreement, the court will consider evidence and make a determination, focusing on the perceived “best interests of the child.”
What Are theDifferent Types of Child Custody in Texas?
When there are minor children of a divorce in Texas, the court will issue an order granting one of the following types of “custody”:
- Joint managing conservatorship (also known as “joint custody”)—Joint custody presumes that both parents will share the rights and responsibilities of raising the child. The court may, however,grant one of the parties the exclusive right to make certain types of decisions, based on whether the court determines that doing so is “in the best interests of the child.” Accordingly, the divorce decree will often identify both separate and joint powers and responsibilities.
Whengrantinga joint managing conservatorship, the court will typicallyaward one parent what is known as “primary physical custody”, which establishes where the primary residence of the minor children will be. In such a situation, the court will also grant the other parent someform of regular visitation or access to the minor child. The specific terms of the non-custodial parent’s time with minor children are customarily found in a separate court decree called a “standard possession order.”
- Sole managing conservatorships (or “sole custody”)—When the court determines that doing so will be in the best interests of a minor child, the courtwill grant one parent sole or exclusive right and authority to make decisions about the child’s welfare. This typicallyincludes the right to determine:
- The child’s primary residence
- Any medical or dental care the child receives
- All aspects of the child’s education
- Participation by the child in extracurricular activities
- Any psychological or psychiatric care required by or for the child
- The designated contact person in case of emergency
Customarily, when one parent isgranted sole managing conservatorship, that party also has the right to receive child support.
What Factors Are Commonly Considered by the Courts When Making Decisions about Child Custody?
The primary obligation of the courts in Texas, when granting child custody, is the legal standard of”the best interests of the child.” Whendetermining what will be in the best interests of the child, the court can consider:
- The amount of involvement each parent had in the child’s life during the course of the marriage
- The willingness of both parents to work cooperatively for the benefit of the child. Specifically, the court will seek to identify if there are documented instances where one of the parents has, in any way, sought to alienate the child’s affection for the other parent or to diminish or disparage the other parent.
- The relative stability of each parent’s home—The court will evaluate the living situation with each parent to ensure that they can provide a consistent and safe place for the child to live and thrive.
- Any history of substance abuse, domestic violence or criminal activity by either parent
- The desire for continuity in the child’s life—The court will seek to put arrangementsin place that minimize any interference, inconsistency or irregularity in the child’s daily life
- The wishes of the child—As a general rule, when a child reaches the age of 12, he or she may have input into where he or she will live
What Is the Typical Time Frame to Resolve a Child Custody Dispute in Texas?
When parents work cooperatively to put together a custody plan, the process can often be resolved quickly, typicallywithin a fewweeks or months. When custody or visitation is contested, though, it cantake months or even years to come to a resolution.
What Is a Parent-Child Relationship (SAPCR) in Texasand What Is Its Purpose?
In Texas, when either parent needs to resolve a disagreement related to their rights with respect of a minor child, that parent must file a proceeding known as a”suit affecting a parent-child relationship,” or SAPCR.The SAPCR may involve disagreements related to custody, visitation, child support, medical and dental costs.
What Are the Most Common Child Custody Issues that Arisein San Antonio?
As a general rule, most child custody disagreements relate to:
- Who will receive primary physical custody and how and when the non-custodial parent will have visitation with or access to the child
- Anyalleged wrongful denial of access or visitation by the custodial parent
- The ability ofeither parent to take a child across state or international borders
- Modification of the terms of the child custody order
How Do You Modify an Existing Child Custody Order?
Situations change…a parent may take a new job or need to move for work. The child’s needs may change as well. Custody orders are not set in stone but are not easily modified. Even if you and your ex agree to certain changes, though, those changes must be approved by the court. To successfully modify an existing child custody order, one parent must file a motion with the court seeking to amend the court order.If necessary, the courtwill schedule a hearing to gather evidence before making a determination.
Why Should You HireBailey & Galyento Handle Your Child Custody Concerns?
At Bailey & Galyen, we bring more than 40 years of experience to parents throughout Texas who are involved in child custody controversies.We have a comprehensive knowledge of the law and know how to effectively work to get the outcome you want.
Got a Question? Schedule a Free Initial Consultation with Our San Antonio Child Custody Attorneys
At the law offices of Bailey and Galyen, with offices throughout Texas, we work hard to ensure your total satisfaction with our representation. We will take your call 24 hours a day, seven days a week. Evening and weekend consultations may be arranged upon request. We will also travel to meet with you, if necessary.
To learn whether you qualify for a free consultation to discuss your child custody dispute, call our offices at 1-844-402-2992 or contact us by e-mail.
