Compassionate Orange, Texas Child Custody Lawyer
Child custody can be complex and emotional. It is a parent’s legal right and responsibility to make decisions regarding the care and upbringing of their child, including where they live, education, and medical care.
Orange County family law attorney, Jim Sharon Bearden, can help navigate child custody issues, divorce, and more.
What Is Child Custody?
Child custody commonly refers to the legal right and responsibility of a parent to make decisions regarding the care and welfare of their child, including where the child lives, the type of education, and what medical care the child will receive. In Texas “custody” is technically defined a little differently than one might expect.
What is Conservatorship in Texas?
You may have heard the term “conservatorship” used in relationship to child custody in Texas. Texas courts divide child custody law into two different categories, conservatorship and possession and access. Conservatorship describes the legal rights and responsibilities of each parent regarding things like education and medical decisions, while the term custody generally refers to physical possession and access to the children.
Types Of Child Custody
When the parents of a child or children are not living and raising them in a combined household, determining custody is necessary. There are different types of custody the courts can decide on. They are as follows:
Sole custody is when one parent is responsible for a child’s well-being. They make decisions, and the child lives in their home. Visitation rights may be given to the other parent, but they don’t have decision-making power. Sole custody is often granted due to abuse, neglect, or instability in the other parent’s home.
Joint custody means both parents share responsibility for the child’s physical and legal care, with the child alternating between homes and both parents having equal decision-making power. However, this can be complicated if the parents do not communicate well. Therefore, the court will typically only grant joint custody if the parents can work together effectively.
Split custody occurs when the parents have custody of one or more of the children, but neither parent has custody of all the children. For example, in a family of three children, the mother may be the custodial parent of two children and the father may have custody of the remaining child.
Split custody is generally only granted if the children have very specific and different needs that are better met by one parent or if one parent can’t care for all of them and the children’s needs are better served by split custody.
Third-party custody refers to a non-parent being granted legal and physical custody of a child, typically when the biological parents are unable or unfit. The court will only grant third-party custody if it’s deemed best for the child and the third party can provide a safe environment.
Factors Considered In Child Custody Cases In Texas
When determining child custody in Texas, the court’s primary consideration is always the child’s best interests. This can involve evaluating the health of each parent, taking into account their ability to provide a safe and stable environment for the child.
The court considers child-parent relationships and the child’s relationship with other family members. In some cases, the child’s preference may also be considered if they are old enough to express it.
Finally, any history of domestic violence or child abuse is also relevant in determining child custody. Ultimately, the court’s goal is to make a decision that best supports the well-being and happiness of the child.
Creation, Modification, And Enforcement Of Child Custody Agreements
Navigating child custody agreements involves creating, modifying, and enforcing them, and having an experienced Orange County family law attorney by your side is imperative.
Filing a Suit Affection the Parent-Child Relationship (SAPCR) is the first step in creating a valid custody agreement in Texas. Then, consulting with a lawyer, negotiating terms with the other parent, putting the agreement in writing, signing it, and filing it with the court are other steps that need to take place. After that, the court will review the agreement to ensure it’s in the child’s best interest.
To change a custody order in Texas, one must file a motion with the court, proving there has been a substantial alteration since the original agreement and come to a new agreement with all parties. Finally, the court must legally approve the new order, ensuring it will provide the best outcome for the child.
If there is a need to enforce the child custody order, the custodial parent may file a motion for enforcement. The court may take action, including fines, jail time, or modifying the agreement to enforce compliance.
How An Experienced Lawyer Can Help You
From your first consultation at The Bearden Law Firm, you can expect honest and realistic options for your case. Mr. Bearden’s priority is to protect your child’s best interests and pro-tect your parental rights. Each family has unique needs, and Mr. Bearden is committed to de-veloping a tailored legal solution suitable to the rights and expectations of the new family.
Mr. Bearden is ready to help you:
- Determine a parenting plan considering your child’s best interests and your convenience
- Fight for joint custody if required
- Achieve custody relocation, if it is the child’s wish or if the custodial parent fails to comply with the parenting plan
- Determine child support
- Prove your paternity to establish your visitation rights
- Fight to protect your child in case of abuse
Call Now For Compassionate Legal Assistance
When facing a child custody situation, having a knowledgeable and experienced Orange County family law attorney is crucial. Attorney Jim Sharon Bearden has decades of experi-ence helping parents with custody issues. Make an appointment by calling 409-883-4501 or filling out this online form to discuss your case and protect your rights in a free initial consul-tation.