Child Custody disputes are a stressful time for both you and your child. However, you and your child deserve the protection and support that the law provides. We, KimLy Law Firm, are Houston Family Law Attorneys who are here to help you resolve your problems today so that you can have a better tomorrow.
When it comes to child custody, Texas follows the principle of “what is the best interest of the child.” In Texas, it is presumed that both biological parents (father and mother of the child, regardless of a legal union) having joint managing or equal custody of the child is what is in the “best interest of the child.” This means that each parent of the child holds equal rights as to both the raising and possessing custody of the child.
If an agreement between both parents can be negotiated as to the custody of the child, Judges will generally accept such agreement if it is in the best interest of the child.
However, if there is no agreement, generally, Judges usually will presume that a Joint Managing Conservatorship with one parent being designated the person to decide the geographical location the child will reside, to be what in is the best interest of the child.
Conversely, if the parents do not come to an agreement and you believe that the other parent should be limited to his access to the child, than you have the right to ask for Sole Managing Conservatorship of the child. This requires the presentation of factual evidence to overcome the presumption that Joint Managing Conservatorship is not in the best interest of the child and that the best interest of the child is for you to be appointed the Sole Managing Conservatorship with all rights over the child.
The Texas Family Code and case law provides several factors that the court considers in deciding whether a joint or sole managing conservatorship is in the “best interest of the child.” This means that if you and your ex spouse, cannot come to an agreement as to the custody of the child, judges will consider all the factual evidence to determine which parent should be appointed the Sole Managing Conservator of the child. The Sole Managing Conservator will full custody of the child and will be the only parent to decide issues regarding child's welfare, health, education, ect while the other parent will have limited rights of possession and access of the child as proscribed by the Court.
Divorce is a highly emotional event that places a great burden on you and your family. Meeting the right family law attorney who listens and understands you may determine whether or not your desires are fully and truly represented at court. Whether you want to initiate the divorce or have been served with a divorce by your ex-spouse, we, KimLy Law Firm, are Houston Family Law Attorneys who are here to help you resolve your problems today so that you can have a better tomorrow.
In Texas, the Texas Family Code dictates the rules for the eligibility and the rights each person has pertaining to their divorce. In a divorce, issues of property division including retirement, and if applicable, child support and child custody are considered.
Whether you are filing for divorce or your ex-spouse has filed a divorce and served you with divorce paper, you have rights and protections under the Texas Family Code.
Once the Court has signed the order regarding your divorce, child custody, child support, and other issues establishing the rights and duties of you, your ex-spouse and/or other parties in interest, you are entitled to have what the Order has granted you.
Unfortunately, there will be a time when you or your ex-spouse fail to follow the rights and duties proscribed under the Court Order. We, KimLy Law Firm, are Houston Family Law Attorneys who are here to help you resolve your problems today so that you can have a better tomorrow.
The Texas Family Code provides an avenue for the modification or changes to a signed and finalized prior Court Order regarding your child custody, child support, visitation and access, and other issues related to the rights and duties of the divorcing parents or other parties having custody of the child.
Whether it is you who wants to modify a prior court order regarding your rights to child custody, child support and/or any other issues regarding the rights and duties of you and the other parties in interest, or your ex-spouse who filed it against you, we, KimLy Law Firm, are Houston Family Law Attorneys who are here to help you resolve your problems today so that you can have a better tomorrow.