8911 N. Capital of Texas Highway, Building 2, Suite 2105,
Austin, TX 78759

Call Us512-610-6199

Subscribe to this list via RSS Blog posts tagged in best interest of the child

TX custody lawyerIn a high asset divorce in Texas involving minor children from the marriage, each spouse’s assets may not be equal, and the lesser earning spouse may worry that income or assets could impact the court’s child custody decision. To put it another way, in high net worth divorces where one of the spouses is the high earner or has significant family money, the other spouse might have concerns about whether a relative lack of income and assets could mean that she or he will not be eligible for child custody.

It is important for parents to know that the Texas Family Code provides guidance for making child custody determinations (known as conservatorships in Texas), and the focus of any child custody order is the “best interest of the child” standard. To be clear, Texas courts take into account a wide variety of factors in deciding what type of child custody situation is in the child’s best interests. While a parent’s income or assets could play a role in some of those factors, it is essential to know that a parent’s earning ability or relative assets are not a factor for deciding who will be a conservator for the child. A Texas high net worth divorce attorney can say more.

Texas Public Policy Focuses on Both Parents’ Rights When it Comes to Their Kids

The Texas Family Code makes clear that it is “public policy of this state” to do all of the following:

...

Texas child custody lawyer, Texas complex custody lawyerIn Texas, courts are sometimes willing to take a child’s opinion about where he or she wants to live into consideration when resolving a divorce-related matter. However, the primary focus of all family law judges is the best interests of the child, which means that they will not always take a child’s opinion into account when determining a custody schedule. To speak with an experienced complex child custody attorney about your concerns or questions, please contact a member of our legal team today.

Custody Arrangements

Texas courts presume that it is usually in the best interests of a child to split custody evenly between two parents. This means that parents will have equal decision-making authority and will split physical custody 50/50. The specific schedule, however, will depend on the parties’ circumstances. Custody schedules can also be modified at a later date, which is often necessary when a child enters high school and does not require the same amount of supervision. At this point, judges are also often willing to consider a child’s preferences, which may have changed from when he or she was younger.

...

Posted on in Child Custody

Texas family law attorney, Texas child custody attorneyIn Texas, family courts have specific rules regarding custody decisions when the children involved are under the age of three years old. Keeping track of the numerous court rules and procedures can be difficult, so if you or a loved one are considering a divorce and have a young child, it is critical to contact an experienced complex child custody attorney who can help protect the interests of both you and your child.

Necessary Factors

When determining which parent will have primary physical custody of a child under the age of three years old, courts are required to consider specific factors, including:

...

Posted on in Child Custody

Texas complex custody attorney, Texas family law statutesStepparent adoptions can be the perfect way to complete a family and demonstrate dedication to a stepchild. However, the adoption process can be quite complex, so if you were recently remarried and are interested in adopting a stepchild, it is critical to contact an experienced complex child custody attorney who can explain your legal obligations.

Filing a Petition

In Texas, a person can petition the court to adopt a child if:

...

Texas complex litigation attorney, Texas complex custody lawyerThis year, a number of family law-related bills will be introduced in Texas. For instance, one new bill will make significant changes to the guidelines regarding access to grandchildren. This area of the law can be complicated, so if you have questions or concerns about your visitation rights with a grandchild, it is crucial to speak with an experienced complex child custody attorney who can explain your legal rights and obligations.

Filing a Petition

Currently, Texas law allows grandparents to request access to a grandchild by either:

...

Posted on in Child Custody

Texas child custody attorney, Texas family law attorneyThe primary concern of family court judges when creating a custody agreement is that the arrangement be in the child’s best interest. In some cases, this requires courts to modify an existing custody agreement due to changed circumstances. Establishing that a modification is in the best interest of a child can be difficult, so if you live in Texas and believe that a modification of your custody arrangement is necessary, it is vital to speak with an experienced child custody attorney who can explain your legal options.

Requirements

Either parent can petition the court for the modification of an existing custody arrangement as long as they can provide evidence that modification would be in the best interest of the child and:

...

Posted on in Child Custody

Texas child custody attorney, Texas family law attorneyThe presence of extended family members can play an important role in the life of a young child. In most cases, parents are only too happy to involve their own parents in the lives of their children. When parents restrict visitation, however, some grandparents may attempt to obtain a court order allowing visitation. Obtaining this type of court order can be an uphill battle, which makes it especially important to retain the services of an experienced child custody attorney.

Filing a Lawsuit

To request possession of or access to a grandchild, a biological or adoptive grandparent must file either:

...

Texas complex custody attorney, Texas high asset divorce lawyer, child custody laws, Estimates suggest that around one million couples divorce in America each year. A percentage of those couples are parents of children with special needs. Often more prone to experiencing emotional distress during the changes that may occur during and after a divorce, the special medical, behavioral, therapeutic, and/or basic care needs must continue amidst the chaos. As such, divorcing parents of special needs children need to know how to effectively navigate the process while still ensuring that the best interest of their child is protected and considered.

Understanding Custody Arrangements for Special Needs Children

Like custody arrangements for all children, the decisions regarding where a special needs child will live, and how much time they receive with a noncustodial parent are based upon the child’s “best interest.” Keep in mind that this is a very broad term, and it is based upon numerous factors. As it pertains to children with special needs, these factors may include (but are not limited to):

...
Super Lawyers Super Lawyers TBLS AV Martindale
Avvo Top One Expert Top 10 Law Firm
Back to Top