How Is Child Custody Decided in Texas?

When you’re thinking of divorce and you have children, the hardest thing to contemplate is what happens to the kids. In the state of Texas, courts determine what the post-divorce child custody arrangements will be. The courts prefer that the parents begin the custody determination process through mediation.

A court will consider many different factors in making the custody determination, which may take the form of either joint custody or sole custody.

Courts in Texas consider two different categories of child custody. These are “possession and access” and “conservatorship.” Possession and access is essentially a schedule of visitation or physical custody of the child. This determines when each parent will have time with the child. Conservatorship refers to the rights and duties to make decisions for the child as the parent. This includes decisions for major decisions, such as medical treatment and where the child will attend school.

The court determines possession and access based on its determination of what arrangement is in the child’s best interest. In doing so, the court will examine many different components of the child’s life and potential living arrangements. This may include consideration of an agreement for possession and access reached by the parents if they are able to agree.

The court determines possession and access on a temporary basis (by court order or by agreement while the divorce is pending) and on a permanent basis (in the final divorce decree). In some cases, the court may order supervised visitation if one of the parents is able to prove that there is a risk to the child’s well-being, either physically or emotionally.

Similar to possession and access, the court determines the rights and duties of conservatorship by considering what it determines to be in the child’s best interest. This may take the form of a joint arrangement between both parents or a sole conservatorship where one parent will make all of the decisions regarding the child.

When the court considers the child’s best interest, the court will not specifically favor either parent based on their gender or role as father or mother. The court will instead base this determination on its examination of many different factors, which may include:

  • Avoiding splitting up siblings
  • The child’s safety and needs, both physically and emotionally
  • Each parent’s cooperation or lack thereof
  • How fit the court determines each of the adults to function as parents
  • Home stability
  • If one parent was predominantly the main caregiver of the child
  • The child’s relationship with each parent
  • The finances of each parent
  • If the child is at least 12 years old, the child’s wishes or preferences may be considered
  • Where the children would live geographically and what their proximity to the rest of the family would be
  • Any history of abuse or violence

The court may determine that one parent must pay child support to the other parent if that parent is awarded possession and access the greater percentage of the time. It may also relate to this parent being the one whose home is the child’s primary residence. While child support may be awarded by the court, whether or not child support is paid does not affect either parent’s visitation rights.

A divorce that involves one or more children requires a parenting plan that specifically describes the rights and duties that each parent will have. In addition to the factors previously mentioned, these may also include child support requirements and which parent is responsible for providing health insurance for the child.

Once the court determines child custody, modifications may be made based on several factors. Generally, one or both of the parents must prove that the modification is in the child’s best interest and that the circumstances around the existing custody arrangement have changed significantly.

Determination of child custody in Texas is a complex process that involves a large number of different factors and considerations. The role of the court is significant in its determination of what it considers to be in the child’s best interest.

If you or someone you know is going through a divorce with children, you need an experienced attorney to advocate for your family and ensure your child’s best interest is legally preserved. Call BB Law Group PLLC today to discuss your options for child custody with one of our expert divorce lawyers who will fight for your family so you can move on with your life after the divorce. Don’t wait. Call us at (832) 534-2589 now.


Gossip Girl actress’ White House petition hits target

Kelly Rutherford’s petition requesting the White House to review the child custody battle over her two kids hit its goal, The Washington Post revealed on May 13.

According to the report, the Gossip Girl star was able to reach the 100,000 signature threshold to implore the Obama administration to address the custody battle over her children, Hermes and Melrose. The children have been living with their father in France ever since a judge granted him custody over the kids in 2012. In 2009, her ex lost his visa after their split. Because he wasn’t allowed reentry, Rutherford had to bear the effort and costs of travelling back and forth to Europe just to see her children.

The legal team at BB Law Group PLLC knows that child custody agreements can affect you and your children’s lives for years to come. For dedicated representation working on behalf of your rights and interests, call our offices in the Woodlands at (832) 534-2589 today.


Slash seeks to end his marriage to Perla Ferrar

After 13 years of marriage, Slash has filed for divorce from Perla Ferrar, a report by The Daily News stated on December 31.

Legal documents filed by the former Guns N’ Roses guitarist cited irreconcilable differences as the reason for their divorce. According to these documents, Slash plans to seek joint legal and physical custody over their sons, 10-year-old Cash and 12-year-old London.

The couple wed in October 2001. Slash previously filed for divorce in 2010, but later backed out of his petition to try to work things out. Court documents showed the two have been living separately since June 15.

Filing for a divorce in The Woodlands could be a very challenging process. To help you deal with the wide range of legal issues associated with divorce, such as child custody and property division, our team of divorce attorneys at the BB Law Group PLLC could be of great help. Call us at (832) 534-2589 to learn more about your legal situation today.


Hawaii Five-0 actress Autumn Reeser files for divorce

After five years of marriage, Hawaii Five-0 actress Autumn Reeser has reportedly filed for divorce from her writer-director husband, Jesse Warren, The Daily Mail reported on November 24.

The 34-year-old actress cited “irreconcilable differences” as the reason for their split, and has requested joint physical and legal custody over their two sons, Finneus, 3, and Dashiell, 1. The actress, however, does not plan to pay her 36-year-old husband spousal support.

Autumn and Jesse are said to have met each other while attending UCLA.

There are times when couples can no longer salvage their relationship and consider divorce as the only healthy option left. If you are a couple considering divorce in The Woodlands, you will need the knowledge and the resources of our team of divorce attorneys at the BB Law Group PLLC to assist you with all your legal needs. Call us at (832) 534-2589 for a free, personalized assessment of your situation today.


Divorcing couple Amber and Wiz to battle over custody

A report by the Mail Online on September 27 revealed Amber Rose is requesting full custody over her 19-month-old son Sebastian in the divorce papers filed against her rapper-husband Wiz Khalifa.

The rapper responded to the request by asking the court to grant him joint custody rights to their child. Amber reportedly filed for dissolution of marriage a day after she found her husband cheating with another woman at his home. Wiz, meanwhile, said he never cheated because he told his wife that their relationship was over weeks before she filed for divorce.

The 30-year-old model may receive more than a million dollar from the prenuptial agreement signed by the couple before they got married. In their prenup, Amber is entitled to $1 million and a monthly allowance of $5,000 from Wiz should they split.

Our team of family law attorneys at the BB Law Group PLLC is ready to help divorcing couples in The Woodlands reach divorce arrangements favorable for all the parties concerned. Call our office at (832) 534-2589 and tell us more about your situation.


Plane diverted following alleged kidnapping attempt

35,000 feet above the ground, a United Airlines flight bound to China was forced to return to its departure airport because of an alleged custody-related kidnapping claim, according to a report by the CBS News on Friday, September 5.

Upon reaching Canadian airspace, United Airlines Flight 897 was called to return to Dulles International Airport in Virginia after the Federal Bureau of Investigation was alerted of a mother on board who allegedly had plans of leaving the country with her son without the father’s consent. The child, whose name was left undisclosed, was reunited with his father safely. Meanwhile, the unidentified mother was detained and is set to appear in court on Friday for charges of kidnapping.

Enforcing child custody agreements is critical, not just for the parents, but especially for the children involved. If you believe your ex-partner is not adhering to the stipulations of a child custody or child support agreement, our team at the BB Law Group might be able to help you. Call our offices in The Woodlands by dialing (832) 534-2589 for a free case consultation.


Sherri Shepherd and Lamar Sally custody fight continues

The fight over who will parent and pay for the care of Sherri Shepherd and Lamar Sally’s unborn surrogate son continues unresolved after Sally filed papers requesting full custody over the child, The Daily Mail reported on July 30.

On May 3, Sally filed for legal separation and requested for full custody of their unborn child. Sally also demanded that his estranged wife pay for spousal support and attorney fees, and he requested that their prenuptial agreement be thrown out based on fraud.

Shepherd allegedly wants no parental and financial roles over their son. Sources familiar with the situation said Shepherd believes she was duped into a surrogacy agreement so Sally could receive spousal support from her.

Navigating and resolving legal family issues is often challenging and emotionally complicated. If you are considering divorce or are involved in a child custody dispute in the Woodlands, the attorneys at the BB Law Group PLLC may protect your interests during the process. Call our offices today at (832) 534-2589 to learn more.


Divorce of Jennifer Lopez and Marc Anthony concluded

Jennifer Lopez and Marc Anthony are now formally single, the New York Daily News reported on June 19.

After almost three years of separation, the divorce proceedings between the celebrity couple finally wrapped up, ending their eight years of marriage. Both have agreed that they will protect their twins, Emme and Max, from intrusive photographers and media. The divorce arrangement also indicates that Lopez will take primary custody of the children, while Marc Anthony is allowed to have the 6-year-old kids for seven days every month accompanied by a nanny.

Both parties agreed not to give any spousal or child support.

Alimony, child support, child custody, and visitation rights are all components of a divorce that are crucial for you and your children’s future. At the BB Law Group PLLC, we are dedicated to representing the interests of residents from The Woodlands and their children during divorce proceedings. Call us today at (832) 534-2589 to discuss your situation and how we may help you.

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