HOUSTON CHILD CUSTODY LAWYER
During your divorce, you and your spouse must decide your children’s custody. These choices are often difficult to make as they are personal, emotional, and impact your family’s future. Our compassionate Houston child custody lawyers at Moffett Law Firm understand the sensitive nature of these cases and want to make the process as stress-free as possible. Our mediation and litigation services can help you reach an agreement and achieve your goals for you and your family.
We take the responsibility of every child custody case seriously and take a personalized approach to help you achieve a successful outcome. Our Houston team is well-versed in all areas of child custody, including child support and visitation. We understand every family has unique needs, so we focus on listening to your story and putting your interests first. With our open and honest communication, you can fully understand your child custody case and how to protect your rights.
3 Types of Child Custody in Texas
When deciding the terms of your child custody agreement, you have several options depending on your circumstances. Texas courts urge couples to come to an amicable agreement on one of the following types of child custody:
This arrangement involves both parents working together to raise their children. One parent gets primary custody while the other visits based on an agreed-upon schedule. Both parents participate in important decisions, like their children’s medical and educational needs.
Perhaps the court considers one parent unfit to have joint custody or the other parent is not present. In these cases, one parent may receive complete possession and management of the children, which includes making all educational, medical, and other important decisions. The second parent can still visit the child based on a schedule on which you both agree.
If both parents are unfit to care for their child or not present, a third party can file a custody suit to have primary care of the child. This may include the closest living relative, someone caring for the children, or grandparents. The court will decide what is best for the child and award third-party custody based on that standard.
What Is the Best Interest Standard for Texas Child Custody Cases?
In Texas, the courts use a “best interest” standard to determine custody, possession, visitation, and child support issues. This means the child’s emotional, physical, and psychological needs all play a role in custody cases. When making this decision, the court considers the following:
- The child’s age
- Their physical and mental health
- The stability of each home environment
- How well each parent can provide for the child
- Both parents’ work schedules
- How close each parent is to the child’s school and other significant places
- The child’s preference, if they are old enough to express one
- The criminal history of each parent
- History of abuse or neglect for both parents
These factors determine which custody arrangement is in the child’s best interest. However, these statutes can be disputed on a case-by-case basis. Our knowledgeable Houston child custody lawyers can help you gather evidence and build a strong case to achieve your desired outcome.
What Does Texas Consider an Unfit Parent?
When deciding on your child custody agreement, the court looks into both parents’ history and current relationship with their child to determine if one or both are fit to have custody. Potential reasons the court may consider a parent unfit to care for a child, according to Texas Family Code 153.002, include the following:
- A history of abuse, neglect, or violence
- Current substance abuse
- Failing to act in the best interest of the child
- Poor mental or physical health
- Having an inadequate living situation or being incarcerated
- The child’s input, if they are old enough
Even if the court decides a parent is unfit to have sole or partial custody of the child, they still have visitation rights. With such a wide range of factors impacting your child custody case, having a dedicated lawyer can help you better understand your parental rights and meet your family goals. We believe your relationship with your child is unique and important and often requires customized solutions designed specifically for the needs and circumstances of your family rather than the general standards set out in statutes.
Seek Help From Trusted Houston Child Custody Lawyers at Moffett Law Firm
Making decisions regarding the custody of your child during your divorce can be emotional and complicated, but you do not have to go through it alone. Our staff of Houston child custody attorneys at Moffett Law Firm are knowledgeable, skilled, and experienced. Our Houston child custody attorneys provide unmatched legal services and always have your child’s best interests in mind.
Whether you seek to gain custody, retain custody of your child, or establish a unique customized possession schedule, our case-specific strategies will suit your needs and increase the likelihood of achieving your goals for you and your child. With our top-notch mediation and litigation skills, we can take on any challenge and advocate for you both in and out of the courtroom. If you need guidance on your child custody case, call (713) 333-5800 or fill out our contact form to schedule a consultation.