HOUSTON CHILD CUSTODY
Divorce is more than just a legal dispute. And when children are involved, it is more important than ever to have an experienced, Houston child custody lawyer on your side.
Here at The Rudisel Law Firm, P.C. you will find more than just attorneys. You will find human beings that know what you are going through and care.
Frequently Asked Questions:
Who will get custody of the kids?
You and your spouse should decide which of you will get primary custody and which will get visitation. Otherwise, a stranger who does not know your family (a judge) will make that most important decision. The judge's ruling will be based on the evidence presented and will be determined by what is in the best interests of the children.
Both parents have the same legal rights to the children until there is a court hearing, which means everyone is in something of a "legal limbo" from the time the divorce petition is filed until the time of the first hearing on temporary orders. Until that hearing, each parent has the right to be with the children. A temporary restraining order is usually issued automatically by the court when a divorce petition is filed that will forbid the parents from changing the kids' residence or hiding them from the other parent. A temporary restraining order, however, does not award anyone child custody.
How does child custody work in Houston?
Most people think "custody" means which parent has possession of the children most of the time. In Texas, the term custody is not used in this way. Primary child custody means which parent has the right to make decisions about the children--such as which school they go to, what doctor they see, and so forth. The amount of time the children spend time with each parent is a completely separate matter addressed below.
Historically, one parent was named Sole Managing Conservator and the other parent was named Possessory Conservator. The Sole Managing Conservator had the exclusive right to make all major decisions regarding the children's residency, health care, education, and so forth. However, as of September 1, 1995, the legal presumption in Texas is that the parents should be named Joint Managing Conservators. The effect of this presumption is that the rights and powers of a parent are somehow to be divided between the parents or exercised by joint agreement. When Joint Managing Conservatorship is awarded, the parties or the judge must decide and write into the decree how those rights are to be exercised.
What is "standard" visitation?
The parties can establish any schedule for each parent's periods of possession of the children that fits their needs and those of the children. In fact, the court encourages the parents to arrange periods of possession by agreement as much as possible and to stay flexible to adjust to circumstances. However, the Final Decree of Divorce must include a visitation schedule that will control if the parties cannot agree in the future. Ideally parties will agree on a written schedule to be placed in their Decree. But if they don't agree on a custom schedule the judge must order one, which typically is the "Standard Possession Order."
If the parties live within 100 miles of each other, this standard schedule allows for possession by the parent with whom the children do not primarily reside on the 1st, 3rd, and 5th weekends of each month from 6:00 p.m. (or the time school lets out) on Friday until 6:00 p.m. on the following Sunday (or when school resumes the following Monday); one weeknight each week from 6:00 p.m. to 8:00 p.m. (or from the time school lets out until the time school resumes on the following day).; alternating Thanksgiving and Spring Break holidays; one week at Christmas; and thirty days during the summer break. If this parent lives farther than 100 miles away, the weekend and weekday periods may be modified or omitted and he or she will have visitation given every Spring Break and for six weeks of the school summer break.
Sometimes one parent believes that the other's time with the children should be restricted to less than the standard possession order either because the children are very young or because one parent doesn't trust the other one to take proper care of the children. Such restrictions might, for example, mean no overnight periods of possession, not taking the children out of the country, or supervised possession. However, if this restriction is not agreed to by both parents, the court will order it only if it finds that such limitation is necessary for the safety of the children. That said, the court will often restrict overnight possession or lengthy summer periods for infants or very young children. The standard possession schedule described above applies only to children three years old or older.
If you have questions regarding Houston child custody, contact us today.
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