Child Custody Attorneys in Cypress, TX

Helping You Protect Your Child’s Wellbeing

Here at Hunt Law Firm, we understand how important it is for you to provide a good life for your child. As child custody matters can be complicated, especially when parents disagree, it is best to turn to a lawyer you can trust. If you are seeking to petition for child custody in Cypress, our knowledgeable lawyers can provide you with the guidance you need as you go through the process.

Types of Child Custody in Texas

There are two types of child custody, also known as conservatorship, in the state of Texas:

Joint managing conservatorship (JMC):

• In JMC, both parents share the rights and responsibilities of being a parent. Sometimes these responsibilities will be divided or awarded to one parent. This does not necessarily mean both parents will be granted equal time with the child.

Sole managing conservatorship (SMC):

• SMC means the court will grant one parent the legal right to make decisions regarding the child.

What Rights Do You Have as a Sole Managing Conservator?

Typically, the parent with sole managing conservatorship will have the following rights (unless limited by the court):

• The right to determine the primary residence of the child
• The right to make decisions related to the child’s education
• The right to consent to medical, dental, and surgical treatments on behalf of the child
• The right to consent to psychiatric and psychological treatment on behalf of the child
• The right to represent the child in legal matters and make decisions of substantial significance for the child
• The right to receive and give receipt for periodic payments for the support of the child and to hold or allocate these funds for the child as he/she sees fit
• The right to the services and earnings of the child
• The right to act as an agent of the child in relations to his/her estate if child’s action is required by the state, the U.S., or a foreign government (unless a guardian or attorney has been appointed for the child)

How to Get Temporary Custody of a Child in Texas

If you believe your child is unsafe, you may want to seek an emergency temporary custody order to remove them from the dangerous environment. At Hunt Law Firm, PLLC in Katy, our family law team can guide you through this complex legal process, which requires a substantial amount of paperwork and care. 

Judges do not like to frequently switch up custody arrangements, so you will need to prove that your child is at risk in their current situation.

Below is a list of examples that qualify as high-risk:

• Physical abuse
• Child abandonment
• Sexual abuse
• An unsafe living space
• Violation of a restraining order
• Child neglect
• Homelessness
• No access to food
• Lack of necessary medical care
• Alcohol abuse
• Drug abuse
• Truancy

If there is verbal abuse or emotional abuse, whether or not you can successfully obtain an emergency temporary custody order will depend on the judge overseeing your case. 

The most challenging aspect of this process is proving that your child is in immediate danger. To support your request, you will need a vast amount of evidence to prove that your child would be at risk if they remained in their current arrangement. Evidence may include emails, photos, text messages, and even police reports and affidavits. If you use a police report or affidavit, you will need a witness to testify for them in court.

It is essential to hire an experienced attorney for your case to guide you through every step of the process and strategize effectively on your behalf. 

Here are some ways in which our legal team can help you prepare for your hearing:

• We will explain how the law applies to the specific factors in your case
• We will help you prepare to testify and speak before the judge
• We will ask your witnesses the most effective questions when it is their time to testify
• If possible, we will help you reach an appropriate agreement

The Best Interest of the Child Standard

Texas Family Code Section 153.002 establishes that, "the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child."

As such, the Texas court system will consider what it deems best for the child when deciding child custody. Some of the factors the court will consider when making this determination include: 

• The wishes of the child
• The emotional and physical needs of the child now and in the future
• The stability of the child’s home or proposed residence
• The parenting abilities of each parent seeking custody
• The emotional and/or physical dangers that could impact the child now and, in the future
• The programs and resources available to those individuals seeking custody
• Any omissions or behavior of each parent that would indicate that the existing parent-child relationship is not accurate or healthy

Contact Our Cypress Child Custody Lawyers Today for Guidance

Child custody cases take an emotional toll on everyone involved. Let us help guide you through the legal aspects, so you can focus more on yourself and your family. Contact us today to learn more about our approach and how we can assist you during this time.