Houston Child Custody Lawyer
If you and your spouse have children, they will naturally be a priority during a divorce. Texas Family Code Chapter 153 outlines that custody is granted to a certain individual based on the best interests of the child. In order to obtain custody during and after a divorce, you will need to prove to the court that maintaining custody of your child is in their best interest.
At Hedlesten Law PC, we fight to protect children's well-being while remaining sensitive to the potential impact of any parenting arrangement. Our Houston child custody team works closely with parents to design an arrangement so that the spouses can successfully co-parent as appropriate.
We’re not a one-size-fits-all law firm.
As a trusted Houston child custody firm, we understand that each custody battle is unique and requires a comprehensive plan to give your child the best possible situation. Send a message or call us today for advice on your specific child custody case.
“Amazing lawyer, worked a miracle for me. I thought as a dad I would never get custody, but he made it happen.“
—Rick T.
Child custody is an inherently emotional process for both the child(ren) and the parents. It’s a natural impulse for a parent to want to protect their children. When you’re in a toxic co-parenting situation, you need a lawyer who understands the importance of protecting your family.
Types of Conservatorship
In the Texas Family Code, child custody is referred to as conservatorship. Conservatorship entails various rights, including but not limited to— the right to make important decisions for a child, receive information about the child's welfare, have access to the child's medical and/or educational records, and consent to medical treatment.
Before you start fighting for custody of your child, it’s important that you understand the different types of conservatorship that a court may order, and what each type means for you personally.
Sole managing conservatorship means that one parent is awarded the exclusive legal right to make certain decisions for the child. In most cases, one parent is named the sole managing conservator and the other parent is named the possessory conservator. The possessory conservator has limited authority to make decisions on the child’s behalf, but is still granted visitation and other basic rights as a parent.
Joint managing conservatorship means that the rights and duties are shared by both parents, although certain decisions (like where the child will live) may still be granted to one party.
How Courts Determine Conservatorship
Assuming that the parents can’t come to an agreement on conservatorship, a judge may decide the matter. This decision is made by determining what the judge believes to be in the child’s best interests, which are determined by a broad range of factors such as:
Each party’s fitness to parent
The child’s physical and emotional needs
Potential physical or emotional dangers
Keeping siblings together
Cooperation between the parents
Who has been the child’s primary caregiver
Geographic proximity
Stability
Any reports of abuse or family violence
Seek Guidance From An Experienced Houston Child Custody Lawyer
Many couples find reasonable agreements in these situations — but we recognize that sometimes court is the only answer. In this instance, you need an experienced family attorney with a track record of success. We are experienced family litigators and we won’t back down from a fight, especially when the well-being of your family is at stake. Get in touch or call us today for tailored advice regarding your specific case.
“James handled custody for my 3 year-old boy. After not seeing my son for months at his tender age due to his mother's, "ways," I now have a 50/50 split custody right down the middle. I have a happy baby boy who can hug his "Dada" again. For Pete's sake - seriously - hire James Hedlesten.”
—Randall F.
Houston Child Custody FAQ
Q: What does “conservatorship order” mean?
A: The Texas Family Code speaks in terms of children's post-divorce conservation— meaning the legal status after divorce between the children and their parents. Basically, it means having possession of and access to the children.
Q: What are the types of conservatorship/child custody?
A: In the State of Texas, conservatorship is broken down into two types of child custody, joint managing conservatorship (JMC) and sole managing conservatorship (SMC).
Q: What rights does the court decide on in conservatorship?
A: Rights and duties that the court may categorize conservatorship is broken down into three areas:
(1) the right to make decisions regarding the child(ren); (2) the right to have physical possession of the child(ren); and (3) the duty to financially support the child(ren). Conservatorship orders from the court divides these various rights and duties between the parents during a divorce.
Q: What age can my children decide who they want to live with?
A: In Texas, a child that is at least 12-years-old can voice their wishes to the judge on who they live with, but this does not always affect the outcome. The judge makes the ultimate decision on what is in the best interest of the child.
Q: Can I modify my child custody arrangement?
A: You can file a modification case to an existing custody order if your situation changes. The court can alter the conservatorship, visitation or medical support, if there has been substantial changes to the circumstances of the parties and/or child since the last custody order was entered, but the changes must be in the best interest of the child.
Q: Can I get joint custody of my children?
A: Texas has a "joint custody" law that encourages the judge to give the parents “joint managing conservatorship”. What this means is that the court order will define the powers and duties of each parent. Joint managing conservatorship often is agreed to by both parties.