Child custody cases are some of the most difficult facets of family law. Parents often don’t agree on what is right for their child, and the whole process can be stressful for everyone involved. If you are looking to secure custody of your child, you are probably frantically searching, “How to file for child custody in Texas?” Our practice can help you understand the process so you can approach it with more confidence.
Conservatorship vs Custody
When researching child custody in Texas, you are likely to see the term “conservatorship.” Conservatorship is the legal term for custody in Texas, meaning that court filings will usually use this term. However, “custody” is the common term used among most people, and the two mean the same thing in this context.
When to File for Child Custody?
Most child custody cases occur during a divorce, which is also when issues like child support can be determined. While custody cases are likely to be part of a divorce, there are other situations where one might want to file for custody.
Sometimes, unmarried parents might separate and find themselves needing a custody agreement. The process is much the same, although in this case, fathers may be required to prove paternity before they can successfully file.
Either parent can file for custody, but the ultimate decision is made by a judge. The courts try to rule in the child’s best interest, which might often be a shared custody agreement, since studies show that children in shared custody routinely have better outcomes than those in sole custody.
Lastly, custody orders can occasionally be modified after they have been made. This involves filing for modification, and is typically only granted if there have been major changes in the surrounding circumstances.
Understanding Texas’s Child Custody Laws
Under child custody laws in Texas, there are two main types of custody (or conservatorship):
- Legal (Managing). This determines who is able to make major decisions regarding children, including healthcare, school, and other major decisions.
- Physical (Possessory). The person the child lives with most or all of the time. Nationally, about 27% of children live with only one parent.
In most situations, legal custody is granted to both parents, who may have an agreement to help them mediate disagreements regarding these decisions. A parent can have legal custody even if they do not have physical custody.
Starting the Child Custody Process in Texas
To start the child custody process, you should first understand the requirements and make sure you are prepared. If the custody filing isn’t part of divorce proceedings, you may need to determine that you are able to file. Filing a request for modification when no major circumstances have changed can result in your case being dismissed immediately.
Many people prefer to hire a child custody lawyer to help them start this process. With the help of an experienced attorney, you can minimize potential mistakes in filing that might hurt your case later. They can also handle more aspects of the process for you, saving you time.
Once you are ready to file, you will file a Suit Affecting the Parent-Child Relationship (SAPCR). Your child custody attorney can check all paperwork and verify that it is filled out completely and accurately. Omissions or misleading information might have legal consequences.
The process after filing a SAPCR can vary. Usually, there will be a hearing scheduled where both parents can present their case for the outcome they want. Your attorney can represent you in court appearances and negotiate on your behalf.
Filing your claim doesn’t automatically mean you will get the custody agreement you want. Instead, you have to present evidence showing why your plan is sound. The judge will make a decision they think will be best for your child, even if it is not the plan you wanted. Having a skilled attorney is crucial to advocate for your wishes.
FAQs
Do I Need a Lawyer for a Child Custody Case?
You do not technically need a lawyer to complete a child custody case. However, even a small mistake in filing or throughout the process can hurt your chances of achieving the outcome you want. Professional legal guidance can help you meet all requirements and advocate for your rights and desired outcome.
Who Is Most Likely to Win a Child Custody Case?
Texas does not automatically favor one parent over another. If one parent is potentially dangerous for the child to be around or refuses to engage in the custody determination, they are not likely to be successful in the case. In most cases, the outcome of the case will be determined according to what the court believes is in the child’s best interests.
How Much Does a Child Custody Case Cost in Texas?
The cost of a child custody case will depend on the details of your situation. Every attorney’s fee structure is unique. The more difficult your case is, the more it may cost, as further court appearances or time are required. This cost is often worth it to protect you and your child. We can discuss this in your consultation, so you know what to expect.
What Is the Biggest Mistake in a Custody Battle?
The biggest mistake in a custody battle is usually making major changes without an agreement in place. Moving out of your home, trying to keep your child away from the other parent, or suddenly withholding financial resources can be used against you in the court process. You should also avoid badmouthing the other parent or posting about your case on social media.
Hire a Child Custody Lawyer From KGK Family Law
When you are dealing with a child custody case, you need legal representation that is both experienced and compassionate. At our practice, we prioritize your well-being and give your case the attention it needs. We will advocate for your rights while also helping guide you through such a stressful time.
Our attorneys have experience in many areas of family law across Houston, Fort Bend County, and Travis County, including child custody cases. Contact us today to learn more about how we can support you.
