Let Our Experienced Lawyers Help You Protect Your Rights as a Parent and Promote the Best Interests of Your Child
Your marriage may be over, but your relationship with your children will last a lifetime. While your divorce is pending, it can be difficult to put things into perspective. The emotions that surface during a marital breakup can make it hard to objectively determine what’s in your child’s best interests, as well as how you can set up custody and visitation to ensure their well-being while protecting your rights as a parent. That’s why it’s absolutely essential to have an experienced and knowledgeable lawyer to guide you through a custody determination. Bailey & Galyen can help.
At Bailey & Galyen, we have Provenly and compassionately advocated for parents in divorce proceedings in Texas for more than 40 years. We have always maintained a strong commitment to hard work, open communication and the highest levels of client service. We are dedicated to listening, so that we learn what happened to you, what your concerns are, and what you need to be made whole again. We’ll promptly notify you of any developments in your case, and will make sure you understand your options, as well as your prospects for success, so that you can make educated decisions about child custody and visitation issues. We understand how important it can be to talk with your attorney and work hard to be available and accessible when you need to talk with us.
For a private consultation with an experienced Houston child custody lawyer, contact Bailey & Galyen online or call our offices at 281-771-1725.
What Does Texas Law Say about the Rights of Children and Parents in Custody and Visitation Matters?
Under the Texas Family Code, which identifies the rights and responsibilities of parents in custody and visitation proceedings, mothers and fathers have equal rights under the law. When a marriage ends in a divorce and there are minor children still living in the home, the parents are presumed by law to be “joint managing conservators.” That entitles them to equal decision-making authority with respect to minor children, but also imposes equal responsibility for their children’s well-being. This presumption, though, does not include a right of equal time with the children.
The parties to a divorce proceeding may (and often do) establish their own custody/visitation plan, without involvement from the court. Even when they do, though, their custody arrangement must be in writing and must obtain the approval of the court.
What Are the Different Types of Child Custody in Texas?
As in all states, child custody in Texas is categorized as follows:
- Joint managing conservatorship (commonly referred to as “joint custody”)—This type of custody arrangement 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.” The divorce decree will typically identify both separate and joint powers and responsibilities.It’s also common, when the court creates a joint managing conservatorship, to give one parent primary physical custody (establishing the primary residence of the minor children) and grant the other parent some type 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 court will grant one parent sole or exclusive right and authority to make decisions about the child’s welfare. This typically includes 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 is granted sole managing conservatorship, that party also has the right to receive child support.
What Factors Do the Texas Courts Consider When Making Decisions about Child Custody?
The determining factor for granting child custody in Texas is a legal standard known as “the best interests of the child.” When making a decision about the best interests of the child, the court will typically consider:
- The extent to which each parent was involved in the child’s life during the course of the marriage
- The willingness of the parents to work cooperatively with each other for the benefit of the child. Specifically, the court will seek to identify if there are documented instances where one of the parents has disparaged or badmouthed the other parent in front of the children, or otherwise sought to alienate the child’s affection for the other parent.
- The relative stability that each parent offers at 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.
- Whether there is any history of substance abuse, domestic violence or criminal activity by either parent
- What will help promote continuity in the child’s life—The court will seek to put arrangements in place that minimize any interference, inconsistency or irregularity in the child’s daily life
- The wishes of the child—Generally, when a child reaches the age of 12, he or she may be consulted to determine where he or she would like to spend most of the time
How Quickly Can You Expect to Have a Child Custody Dispute Resolved in Texas?
When parents work together to create a custody arrangement, the process can often be resolved quickly, typically within a few months. When custody or visitation is contested, though, it can take months or even years to come to a resolution.
What Is the Purpose of a Suit Affecting a Parent-Child Relationship (SAPCR) in Texas
In Texas, when either parent has disputed issues related to their rights with respect of a minor child, that parent has the right to initiate 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 Disputes in Houston?
More often than not, child custody controversies address issues related to:
- Who will receive primary physical custody and how and when the non-custodial parent will have visitation with or access to the child
- The intentional and wrongful denial of access or visitation by the custodial parent, requiring a legal proceeding to enforce a standard possession order
- The rights of either parent to cross state or international borders with a minor child
- The modification of the terms of the child custody order when circumstances change
Can You Modify a Texas Child Custody Order? If So, How?
Yes. A child custody order may always be modified. Even if the parties agree to changes, though, they must be approved by the court. To initiate a modification of an existing child custody order, one of the parties must file a motion for modification. When appropriate, the court may conduct a hearing to gather evidence before making a determination.
Why Should You Hire Bailey & Galyen to 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 Houston 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 281-771-1725 or contact us by e-mail.
Bailey & Galyen Attorneys at Law
18333 North Egret Bay Boulevard, Suite 333
Houston, TX 77058
281-771-1725
