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| AGGRESSIVE CHILD CUSTODY ATTORNEY |
Attorney Solomon Bedford is an aggressive family law attorney
representing clients in child custody matters in Austin, Texas and
surrounding areas. We are aggressive because clients involved in
child custody cases deserve Results, Not Excuses! If you or a
loved-one are involved in a child custody related matter and need
results, Contact Us Today!
CHILD CUSTODY
When awarding child custody, the court is required to make the
best interest of the child the primary consideration in the decision.
Consequently, the court can award custody to either parent, to
both, or to neither. The parent with custody is called the “managing
conservator”, while the other parent (usually the parent who pays
child support and has visitation rights) is called the “possessory
conservator”. Standard possession orders regarding visitation are
contained in the Texas Family
Code Chapter 153, Subchapter F (located at http://www.capitol.
state.tx.us/statutes/fa.toc.htm). These provisions apply when the
parents cannot agree.
It is a rebuttable presumption in Texas that the appointment of the
parents of a child as joint managing conservators is in the best
interest of the child. Joint managing conservatorship under Texas
law means the sharing of the rights, privileges, duties, and powers
of a parent. These rights, privileges, duties and powers will be
expressly allocated by the custody agreement. Joint custody does
not mean:
minimize any disruption of the child’s education, daily routine, and
association with friends. The agreement may also contain an
alternative dispute resolution procedure that the parties agree to use
(except in an emergency) before going back to court to request
enforcement or modification of the decree.
Child's residence:
Generally, the managing conservator has the power to determine
where the child will live. In a joint conservatorship, the agreement
will either:
Duty to provide information:
Both parents have a duty to inform the other parent in a timely
manner of significant information concerning the child. Further,
each parent is required to give 60 days notice to the other parent
(by registered or certified mail) of an intended change in their
residence, mailing address, home phone number, name of
employer, work address, and work phone number. If they don’t
know of the change that far in advance, they must notify the other
parent within five days after they learn of the intended change
(such as PCS orders), and in any case, provide the new
information within 10 days after the change. However, the court
can change this if providing the information exposes either parent
or the child to harassment, abuse, harm, or injury.
Moving:
Generally, a managing conservator who moves from the original
county of residence while the possessory conservator continues to
live there will have to pick the child up at the possessory
conservator’s residence at the conclusion of the visitation. If a
change of residence results in increased expenses for either party,
the court may order a fair allocation of those expenses between the
parties, however, the payment of the increased costs by the party
who moved is presumed. Additionally, some divorce decrees may
contain a provision that prohibits the parties from moving outside a
certain geographical area. If this is the case, court approval will be
necessary in order to move outside of the expressly stated area.
Grandparents' rights:
In Texas, either parent, either set of grandparents, or both sets can
request the court to permit the grandparents access to the child.
Access means only the right to see and communicate with the
child; it differs from visitation because it doesn't necessarily include
the right to possession of the child, that is, the right to take the
child out of the custodial parent's control or home.
Change in custody:
Either parent may ask the court to modify a custody agreement, or
the parents may agree in writing (subject to the court's approval) to
modify the custody arrangements.
(1) Waiting period: There's a one-year waiting period before any
change can be made in designation of a sole managing conservator
unless:
(2) Other requirements:
representing clients in child custody matters in Austin, Texas and
surrounding areas. We are aggressive because clients involved in
child custody cases deserve Results, Not Excuses! If you or a
loved-one are involved in a child custody related matter and need
results, Contact Us Today!
- WARNING: We have provided the following information on
Protective Orders, but visitors are reminded that THERE IS
NO SUBSTITUTE FOR A GOOD FAMILY LAW
ATTORNEY.
CHILD CUSTODY
When awarding child custody, the court is required to make the
best interest of the child the primary consideration in the decision.
Consequently, the court can award custody to either parent, to
both, or to neither. The parent with custody is called the “managing
conservator”, while the other parent (usually the parent who pays
child support and has visitation rights) is called the “possessory
conservator”. Standard possession orders regarding visitation are
contained in the Texas Family
Code Chapter 153, Subchapter F (located at http://www.capitol.
state.tx.us/statutes/fa.toc.htm). These provisions apply when the
parents cannot agree.
- Child's input:
If the child is at least 12 years old, he or she may choose
the managing conservator through a written request filed
with the court and subject to the court's approval.
Other factors:
The court is supposed to award custody based only on the
parent's qualifications and without regard to the sex of the
parent.
Agreements between the parents:
The parents may, independent of the court, decide in writing
who will be given custody. The agreement must, however,
still be approved by the court.
It is a rebuttable presumption in Texas that the appointment of the
parents of a child as joint managing conservators is in the best
interest of the child. Joint managing conservatorship under Texas
law means the sharing of the rights, privileges, duties, and powers
of a parent. These rights, privileges, duties and powers will be
expressly allocated by the custody agreement. Joint custody does
not mean:
- (l) Both parties equally share the power to make all
decisions. The court or agreement may give one parent the
exclusive right to make certain decisions.
(2) Both parties have equal or nearly equal periods of
physical possession of and access to the child. Normally,
the court will designate one primary physical residence for
the child.
minimize any disruption of the child’s education, daily routine, and
association with friends. The agreement may also contain an
alternative dispute resolution procedure that the parties agree to use
(except in an emergency) before going back to court to request
enforcement or modification of the decree.
Child's residence:
Generally, the managing conservator has the power to determine
where the child will live. In a joint conservatorship, the agreement
will either:
- (l) Establish the child's county of legal residence; or,
(2) Designate one parent as having the sole legal right to
decide the child's residence.
Duty to provide information:
Both parents have a duty to inform the other parent in a timely
manner of significant information concerning the child. Further,
each parent is required to give 60 days notice to the other parent
(by registered or certified mail) of an intended change in their
residence, mailing address, home phone number, name of
employer, work address, and work phone number. If they don’t
know of the change that far in advance, they must notify the other
parent within five days after they learn of the intended change
(such as PCS orders), and in any case, provide the new
information within 10 days after the change. However, the court
can change this if providing the information exposes either parent
or the child to harassment, abuse, harm, or injury.
Moving:
Generally, a managing conservator who moves from the original
county of residence while the possessory conservator continues to
live there will have to pick the child up at the possessory
conservator’s residence at the conclusion of the visitation. If a
change of residence results in increased expenses for either party,
the court may order a fair allocation of those expenses between the
parties, however, the payment of the increased costs by the party
who moved is presumed. Additionally, some divorce decrees may
contain a provision that prohibits the parties from moving outside a
certain geographical area. If this is the case, court approval will be
necessary in order to move outside of the expressly stated area.
Grandparents' rights:
In Texas, either parent, either set of grandparents, or both sets can
request the court to permit the grandparents access to the child.
Access means only the right to see and communicate with the
child; it differs from visitation because it doesn't necessarily include
the right to possession of the child, that is, the right to take the
child out of the custodial parent's control or home.
Change in custody:
Either parent may ask the court to modify a custody agreement, or
the parents may agree in writing (subject to the court's approval) to
modify the custody arrangements.
(1) Waiting period: There's a one-year waiting period before any
change can be made in designation of a sole managing conservator
unless:
- (a) The child's physical health is endangered or his
emotional development significantly threatened by remaining
in his present environment; or,
(b) The current sole managing conservator is seeking or
consents to the modification, and it's in the child's best
interests; or
(c) The current sole managing conservator has voluntarily
relinquished actual care, control, and possession of the child
for at least six months, and modification is in the best
interest of the child.
(2) Other requirements:
- (a) The circumstances of the child, sole managing
conservator, possessory conservator or other party affected
by the decree have materially and substantially changed;
(b) Appointing a new conservator--either sole or joint--
would be an improvement for the child.
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| PRINCIPAL OFFICE: 314 East Highland Mall Blvd, Suite 100, Austin, Texas 78752 NOTICE: The Bedford Law Firm is selective in accepting new clients and may refuse service to any prospective client so that it may better serve its current clients. DISCLAIMER The information contained within this site is for informational and educational purposes only. No content contained herein shall constitute legal advice. By utilizing this site, the user acknowledges and accepts the foregoing terms. |
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