CUSTODY
Georgetown Texas, Attorneys

Texas law assumes that most divorcing parents will be made joint managing conservators of their children. This does not mean that the child will live half of the time with Dad and half with Mom. Conservatorship involves the rights, powers,
duties, and responsibilities of parents, not how much time they have the kids. In the typical joint managing conservator (JMC) order, both parents share most rights, such as the power to consult with school officials and doctors about the child. Some rights, such as the power to discipline, belong to a parent only when they have custody of the child .

In the usual JMC order, only one parent is given the right to decide where the child will live. Sometimes the divorce decree will require a parent to get court permission before changing a child’s residence or will limit the residence to a certain county or city.

In some cases, one parent is named a child’s sole managing conservator (SMC) and is given more of the parental rights that are usually shared. In such cases, the other parent is typically appointed the child’s possessory conservator with visitation privileges.

What sort of visitation is usually awarded?

Texas law presumes that a standard visitation schedule will be followed in most cases for children age 3 and over. A judge can deviate from the standard schedule with good cause, and special allowances can be made for religious holidays.

Of course, parents can agree on custody arrangements that differ from the standard visitation schedule, and judges will almost always go along with their agreement.

Regardless of the visitation schedule written into the divorce decree, divorced parents can always agree to follow any workable schedule of visitation they feel is best for their child. Possession orders are made by judges to provide a definite visitation schedule in case parents cannot agree.

What is the standard possession order?

The Texas Family Code provides a visitation schedule that years of experience have shown works for most families. The standard possession order for parents who live within 100 miles of each other basically divides holidays evenly between both parents and gives the parent with visitation at least two weekends a month, two hours every Thursday during the school year, and 30 days during the summer.

School holidays can extend a parent’s visitation. Under the standard possession order, if a parent has visitation on a weekend and the following Monday is a school holiday, then the period of visitation ends at 6:00 p.m. on Monday instead of Sunday. Likewise, if school is out on Friday, the weekend visitation starts at 6:00 p.m. Thursday instead of Friday.

What does the Standard Possession Order include?

The standard child custody order for parents who live less than 100 miles apart presumes that a child age 3 or older will live most of the time with one parent and the other parent will have visitation on the following schedule:

Weekends starting at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday (an option is to start when school is dismissed on Fridays)

Thursdays during the school year starting at 6:00 p.m. and ending at 8:00 p.m. (option: beginning when school lets out and/or ending when school resumes, usually on the next Thursday morning).

From 6:00 p.m. to 8:00 p.m. on the child’s birthday. Fathers have possession for Father’s Day from 6:00 p.m. on the Friday before Father’s Day until 6:00 p.m. on Father’s Day.

Mothers have the same period for Mother’s Day. In even-numbered years: Dad has the child during Spring Break, Mom has the child for Thanksgiving, Dad has the child for Christmas from the time school lets out until noon on December 28, and Mom has possession from December 28 until 6 p.m. on the day before school resumes.

The use of “Mom” and “Dad” is for an example only—it could be reversed depending on who has primary custody.

In odd-numbered years, the holiday schedule is reversed. The parent with visitation has the child for 30 days during the summer. If that parent gives notice before April 1, he/she can designate the 30 days during the summer when he/she has possession in up to two separate periods of at least seven days. If no notice is given, he/she has possession from July 1 until July 31.

What visitation schedule is followed if the parents live more than 100 miles apart?

Visitation for Thanksgiving, Christmas, the child’s birthday, Mother’s Day and Father’s Day remain the same when parents live over 100 miles apart. The parent with visitation gets 42 days with the child during the summer and can follow the first, third, and fifth weekend schedule or choose to select one weekend a month with 14 days advance notice.

How is visitation handled for children under the age of 3?

The standard possession order usually does not apply until a child turns 3. Most courts will establish a limited visitation schedule for very young children, but in some cases the amount of visitation is significant and overnight visitation is allowed. It all depends on the age and needs of the child and the circumstances of the parents.

When should a parent fight for custody?

Parents who are used to spending every day with their kids are often torn apart by the thought of “losing” their children. The truth is, of course, that both parents will see a lot of the children and both will face periods of time without the kids, no matter who has primary custody.

The decision whether to fight for custody should be based solely on what is best for the kids. A parent’s selfish needs or desires to hurt the other spouse should not be a factor. Always bear in mind that a custody fight will be expensive, will probably be harmful to the kids emotionally, and may make lifelong enemies between the spouses and their families.

Can a child decide who he or she will live with?

A child who is 12 years or older can execute an affidavit stating who he or she wants to be his or her managing conservator. The child’s choice is not binding on the judge. However, the closer the child gets to age 18, the more likely the judge is to agree with the child’s choice.

How is custody decided?

The judge (and sometimes a jury) decides custody questions based on evidence presented in court. The best interests of the child determine conservatorship, primary residence, and visitation. Texas law requires fathers and mothers to be treated equally in custody cases.

In some cases, one parent has serious problems and is obviously not a good parent. The judge’s choice in that situation is easy. The much harder case involves two basically good, loving parents. The judge in that instance will usually want to know who has been more involved with the children, who has better parenting skills, whose schedule will allow more time with the kids, and who has family or other resources to help with the children. Judges always want to know which parent is truly putting the kids first and doing their best to keep the kids out of the custody fight.

The judge will sometimes order a social study, in which a social worker visits both homes, meets the family and submits a report.

The judge may order psychological examinations of the parents and/or children. Usually the parties split the cost of a social study or psychological exam, although the court can order one side to bear all such costs. Either parent may hire his or her own psychological experts to testify.

The court may also appoint an amicus attorney litem or attorney ad litem to look after the interests of the children.

At trial, both sides can present witnesses (the parents, family, friends, teachers, counselors, etc.) and evidence about the good and bad parenting abilities of both spouses.

All too often, custody battles involve allegations of adultery, violence, drug use, etc., between the spouses. A person who makes false allegations usually is the one to get burned by such tactics. Truthful but negative information about a parent can, of course, influence custody decisions.

Adultery, if proven, can affect a judge’s decisions on child custody and property division. Most judges do not like parents to bring new lovers around the children before the divorce is over.

What can I do to improve my chances of winning custody?

Be a good parent above all else. Keep your kids out of the fight and hire a good lawyer!

At the Law Offices of Mark Morales and Associates, P.C., we provide skilled representation for our clients in all types of family law and related matters. We are experienced in all phases of the child custody process, property division, modification, and enforcement of existing orders.

Although we are experienced litigators, we are also experienced in utilizing collaborative law and mediation to advance our client's interests. Call us today at (512) 931-5511 or use the form on this page to shedule a consultation.

 

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Replacing Custody Battles With Parenting Plans

Children need both parents. Except in cases where one parent is abusive or unable to provide proper care and supervision, children benefit when both Mom and Dad play major roles in their lives. Mediation helps parents figure out how to manage child care under a totally new set of circumstances.

Suggestion: Avoid the use of fighting words, such as "custody" and "visitation." These words set up a struggle overpossession of the children.

A more useful way for you to deal with the question of child care is to develop a parenting plan which describes the children's schedule with each of you. Your mediator will probably create this plan on a large, erasable wall calendar, asking for ideas as to when each of you would like to assume primary responsibility for the children's care.

Once a tentative parenting plan is created, your family can try it out for a month or two, before deciding whether or not to include it in your settlement agreement. If parts of the plan need fine-tuning, you can discuss proposed changes, then revise your plan until it works smoothly for all involved.

Some mediators permit older children to attend a mediation session to help with the parenting plan. If you decide to include your children, be sure that everyone understands the purpose of their participation. The children need to know that their input is important, but that you and your spouse will make the final decisions. Be careful not to put them in the difficult position of being asked which of you they want to live with.

Any parenting plan that you and your spouse create is likely to work if you both support it. If you see potential problems with the plan as you proceed through the mediation, bring them up and correct them before you sign the final agreement.

Remember, your children didn't cause the divorce. No matter what you do, they will pay a price for your decision to separate. However, it's up to you to keep that price as low as possible, even if it causes you inconvenience or decreases the amount of time that you spend with them.

Put your children at the center of your focus and concentrate on their needs. Set a photo of your children in front of you and your spouse on the mediation table. Recognize that if you end up fighting over your rights to custody or visitation, rather than working out a plan with your spouse, the children will be the victims, regardless of which parent "wins."

You and your spouse have the opportunity during mediation to cooperate in planning your children's future. Through careful planning, you can help your children view your family as rearranged into new homes, rather than torn apart and left in shreds.

Consider making co-parenting agreements that will keep both you and your spouse involved in your children's lives and minimize the friction.

(provided by Coast to Coast Mediation Center)

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Family law covers the most central issues in a person's life: intimate relationships, financial matters and children. When choosing an attorney to help you with a family law matter, it's very important to choose someone who you feel comfortable with, who understands your concerns and your goals, as well as your legal situation.

If you are like most people experiencing a legal problem, you have had little or no prior experience with family court. You have questions about property division, spousal support, child custody or child support. You're looking for solutions.

We at The Law Offices of Mark Morales and Associates are committed to resolving your family law situation in a positive, cost-effective manner. You will work with a skilled legal counsel who can answer your questions and be an effective advocate for you during negotiations and in court.

The Law Offices of Mark Morales and Associates has been helping individuals and families in central Texas through these important life transitions. We can guide you through the process with sound legal advice and effective courtroom representation. Call us at (512) 931-5511 to or use the form to the right to schedule a consultation.

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Orders of Protection & Restraining Orders

Clients who require emergency protection often feel further threatened and intimidated by the legal process. Even the fundamental question of how to get a restraining order can seem overwhelming. We will take the time to answer all of your questions in a clear and straightforward way, and help you understand all of your options. We will then work with the courts to protect your safety and security.

If you are in a relationship in which you or your children are the victims of family violence, we will help you obtain a protective order or a temporary restraining order. Once the court has issued a protective order or restraining order on your behalf, violation of its conditions may result in civil and criminal penalties. We will assist you in filing for a protective order or restraining order and represent you throughout the process, to ensure that the court's orders are enforced and that your interests are protected.

At the Law Offices of Mark Morales and Associates, we offer experienced advocacy to our clients in need of emergency protection. We have worked within the Texas Family Courts on behalf of our clients, their children and their families. We use our knowledge of the law to help our clients and their families find protection and relief. It is our goal to make the legal system work to protect you.

If you believe that your safety or the safety of your children is being threatened, or if you are the victim of domestic abuse or family violence, contact us immediately to find out how we can help you.

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Temporary Restraining Orders and other Temporary Orders

A temporary restraining order (TRO) is an order signed by a judge without notice or hearing. In the family-law context, temporary restraining orders are often granted in divorce cases, paternity cases, child-custody suits, and other suits affecting the parent-child relationship. The usual purpose of a TRO is to maintain the status quo--in other words, to "freeze" everything until a hearing can be held so that a judge can listen to evidence and make his or her decision.

A TRO can order parties not to destroy marital property, and can order a party not to remove a child from the child's current residence, school or day-care center. A TRO cannot exclude a spouse from the marital residence (except under special circumstances) or exclude a parent from possession of a child, or grant one spouse temporary custody of a child (except under very special circumstances).

The TRO is good for 14 days and can be extended an additional 14 days. Ordinarily, a hearing is scheduled during that time so that a judge can decide whether the TRO should be turned into a temporary injunction which will remain in effect until a final trial.

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Temporary Orders (child support, spousal support, etc.)

Since a divorce can take several months or even longer to become final, temporary orders are often necessary whenever children or property are involved. Temporary orders in divorce cases usually provide for the temporary custody, support and visitation of the children. Temporary orders may provide for the temporary exclusive use of property by one spouse or the other, and may order one spouse to provide temporary spousal support to the other until the divorce is final. If one spouse is in control of substantially all of the community assets, that spouse may ordered to give his or her spouse money for attorney's fees, called interim attorney's fees.

Virtually anything can be the subject of a hearing on temporary orders, and you should always discuss with your attorney whether a TRO and/or a hearing on temporary orders is right for you.

If you want to know more about Texas laws concerning temporary restraining orders, protective orders, or temporary orders in divorces and paternity suits, you are invited to consult the Texas Family Code, which contains most of the laws which govern divorces and other family law matters in the State of Texas. However, you should not take any action based on the information you find on the site unless you have first received advice from an attorney of your choice.

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Adoption in Texas

The process of legal adoption usually involves the termination of the parental rights of one or both biological parents. At the Law Offices of Mark Morales and Associates we provide legal services in the area of adoption. As such, we take no part in "arranging adoptions" or locating children for purposes of adoption. Our role instead is to represent one party to an adoption and seek to facilitate and expedite the legal adoption process.

The most common type of private adoption (as opposed to an agency adoption) is a "step-parent" adoption, in which one spouse legally adopts the biological child of the other spouse. The parental rights of the other biological parent are then terminated.

In other types of adoption, both biological parents may voluntarily relinquish their parental rights, allowing for adoption of the child by (a) qualified adoptive parent(s). In the instance of involuntary terminations, adoptive parent(s) bring suit against the biological parent(s) to involuntarily terminate the parental rights of the biological parent(s). The Texas Family Code contains a number of grounds under which involuntary termination can be granted. The matter is then either resolved by agreement or else heard and resolved by a judge.

Under Texas law, a person is not required to be married in order to adopt a child. At the Law Offices of Mark Morales and Associates, we provide affordable assistance to all clients, both single and married, seeking legal services in the area of adoption.

If you seek legal services in adoption, contact us using the form on this page and we will answer your questions and determine how we can be of assistance to you.

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Custody

Child custody laws in Texas believes both parents should be joint managing conservators of their children, Texas definition of custody is conservator ship and custody decisions are called parenting plans.

A typical joint managing conservator (JMC) order does not guarantee the child will stay with both parents 50% of the time, nor mean child support will be awarded; these can take place but are not guaranteed.

A joint managing conservator (JMC) order will provide both parents the rights, powers, duties, and responsibilities parents are normally entitled to, not how much time they have the kids. These rights include education, religious, medical and other decisions regarding the health, safety, and well being of the child.

A joint managing conservator (JMC) order regarding Child Custody Laws Texas usually (not always) will award one parent the right for the child to live with them.

In case-by-case circumstances Texas law will grant one parent sole managing conservator (SMC) thug giving that parent more share of the parenting responsibility. In such cases the other parent will be awarded possessors conservator giving that parent visitation rights.

If both parent's cannot come to an agreement regarding a child custody agreement Texas law will step in and make the determination for them.

If Texas law finds reason to give custody to only one parent they will base their decision on these factors:

- Who has been primary caretaker of the child?
- What are living arrangements of each parent?
- Who has been active in everyday decisions regarding the child's normal everyday activities.
- Any violent activity of a parent.
- Earning ability of a parent.
- Work schedule of a parent.
- Mental stability of each parent.
- Possible expert opinions from psychologists, counselors, or the likes.

These are some not all of the factors included when Texas law makes custody decision regarding the parents.

When a split up occurs it can be bad enough, add money and child custody into the mix and it can quickly become a fire fueled by gasoline, which becomes explosive! You need to know before a custody battle ensures what to do. You must not delay!

Getting straight facts and knowing what to do, where, where, and how to do it is essential to your chances of gaining custody of your child(ren).

I am sorry but if you have never been through a custody battle, you probably have no idea what you are in for. Your everyday actions that were normal will now be judged under a microscope, innocent intentions will now be looked at as gaining an edge.

You must have real information regarding your rights pertaining to Child Custody Laws Texas before you even call a lawyer; information including what to ask a lawyer to know if he or she is property experienced and will truly fight for the custody rights you and your child are deserving of.