Child Custody Lawyers in Katy TX

Factors the court may take into consideration include:

• The desires of the child;
• The emotional and physical needs of the child now and in the future;
• The emotional and physical danger to the child now and in the future;
• The parental abilities of the individuals seeking custody;
• The stability of the home or other proposed placement;
• The acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one, etc.

Understanding Texas Child Visitation Rights

Child visitation rights go to the non-custodial parent, and it outlines the amount of time the parent is given to spend with his or her child. Visitation is typically handled as part of a larger family law matter such as a divorce, paternity, or child custody case. Below, we explain the difference between Standard Possession Orders (SPO) and Expanded Possession Orders (E-SPO), and how they play a role in a non-custodial parent’s visitation plan.

Standard Possession Order

The purpose of an SPO is to not only set a schedule for each parent’s time with the child, but to ensure that it is legally binding. This schedule is found in the parenting plan filed with and approved by the court, which is generally part of a couple’s divorce decree or child custody order. Once the court approves of the plan, it then becomes a parent’s possession and access order. SPOs should be designed in a way that encourages a close relationship with both parents.

A typical SPO for children ages 3 and older includes, but is not limited to:

• Every first, third, and fifth Friday from 6 p.m. to the following Sunday at 6 p.m.;
• Every Thursday evening during the school year from 6 p.m. to 8 p.m.;
• Every other Spring Break;
• Every other Thanksgiving;
• Half of Christmas break, with parents alternating which half they get every other year;
• Thirty days in the summer.

Expanded Standard Possession Order

The non-custodial parent may choose to receive make the Standard Possession Order expanded. Under an E-SPO, holiday and summer visitation schedules remain the same, but weekly Thursday visits and first, third, and fifth weekend visits are extended. Instead of just two hours on Thursdays, the non-custodial parent is given possession rights to have the child from the time he or she is dismissed from school on Thursday to when he or she must return to school Friday.

Weekend visits are adjusted to allow visitation from the time the child is released from school on Friday to when he or she returns to school on Monday.

Steps in a Contested Child Custody Case

Child custody cases can be emotionally challenging and legally complex. Whether you're a parent seeking custody or involved in a custody dispute, understanding the steps involved in a child custody case in Texas is essential.

• Step One: File the Petition and the Temporary Restraining Order - If you are initiating new custody case because there are no other orders affecting the child, file a Petition in Suit Affecting the Parent-Child Relationship (or SAPCR) in the county the child has resided in for 6 months or more.. The petition should include the name of both parents, the child’s age and date of birth, and what you are asking for in the suit. You may also wish to have a Temporary Restraining Order with joint and mutual injunctions if the county does not have standing orders. If you are modifying an existing order, file a Petition to Modify into the cause number and court of the existing order. The court that signed the current order has continuing exclusive jurisdiction. You may however have grounds to transfer the case to another court.
• Step Two: Serve the Other Parent/Guardian - After filing the petition, you must formally serve the other parent with a copy of the petition and a citation. Proper service ensures that the other parent is aware of the legal proceedings and has an opportunity to respond. The other parent must file their answer the Monday after the expiration of 20 days from the time they are served.
• Step Three: Attend Mediation - In many Texas counties, mediation or alternative dispute resolution (ADR) is mandatory before proceeding to court unless there is an emergency. Mediation provides an opportunity for both parents to negotiate and reach a mutually agreeable custody arrangement. A neutral mediator facilitates the discussion and helps find common ground. You may come to an agreement on a temporary order or the final order in mediation.
• Step Four: Temporary Orders Hearing - If mediation did not result in an agreement and you need to have some temporary orders for custody and/or child support, you will have to schedule a temporary orders hearing where you will have to present evidence and testimony to the court.
• Step Five: The Discovery Phase - The discovery phase in your case is when each party has the opportunity to request and receive from the opposing party all the relevant documents pertaining to the case. It is a good idea to start gathering all important documents such as the child's medical records, school records, and any evidence supporting your ability to provide a stable and nurturing environment. Keep records of communication and incidents related to the child's welfare. Also, keep communications with the other parent to show the co-parenting relationship. If you may be the obligor of child support, start organizing evidence of your income.
• Step Six: Final Trial - You may have to attend mediation once again before final trial but can waive this requirement if you have a good reason. If mediation has not worked out, you will have to have a final trial. Once the court has reviewed the evidence and heard both sides, it will issue a custody order. The order will specify conservatorship and possession and access along with any other relevant issues such as child support. Ensure you fully understand the terms of the order and comply with its provisions.