Texas Child Custody Lawyers
Develop A WINNING Child Custody StrategYThe experienced Child Custody Lawyers at Nick Davis Law in Bryan | College Station help parents succeed in child custody case.
Serving Brazos, Grimes, Waller, Washington, & Surrounding Counties
Child Custody Lawyers in Bryan | College Station, Brenham, Navasota, TX
Frequently, clients that meet with the Family | Child Custody Lawyers at Nick Davis Law serving Bryan College Station, think they have an understanding as to what child custody in Texas entails based on their experiences with friends and family members who have unfortunately experienced a child custody battle in Texas. However, in most cases, these prospective clients are surprised to discover that their assumptions are either wrong or, at least, incomplete.
If you are facing a child custody dispute in either a divorce context or a separate family law matter, the experienced Family | Child Custody Lawyers at Nick Davis Law in Brazos County, Texas can help guide you through the process and explain the innerworkings of Texas Child Custody Laws. Schedule a Free Consultation at (979) 417-2220 with our Bryan | College Station, Texas Family Lawyers.
The determined Child Custody Lawyers at Nick Davis Law in Bryan | College Station are dedicated family law advocates when trusted to be a client’s Divorce or Child Custody Lawyer. Our Child Custody Lawyers are experienced litigators that will work to strategically prepare a Child Custody matter for success.
Nick Davis Law offers all prospective Child Custody clients a Free Case Evaluation by phone or virtual conference as well as payment plans. Contact our office at (979) 417-2220 if you are in need of a Child Custody Lawyer for a case in Brazos, Grimes, Waller, Washington & Surrounding Texas Counties.
Understanding in A Child Custody Case
Anytime that two parents have a dispute about possession and access, decision making, and support of the child, a Family Law proceeding must be filed which is known as “A Suit Affecting the Parent-Child Relationship” if it is not filed in conjunction with a divorce. In some cases, this type of family lawsuit will be filed within a “Suit to Adjudicate Parentage” if the father of the child has not been properly identified under Texas Law. Regardless of the form of the court pleadings, the dispute regarding the child will be heard by a Texas Judge who may make Temporary Orders for the Child until the case can either be resolved by agreement or determined after a trial to either the Judge or a Jury.
In Texas, there are essentially 4 areas of Child Custody that must be addressed to finalize the case.
- Conservatorship
- Rights and Duties
- Possession and Access
- Child Support (which includes medical support)
Each of these 4 areas will ultimately be determined by what the court considers to be in the Best Interest of The Child, which is the paramount criteria that the court will basis all its decisions on. This Best Interest Standard is provided for in Texas Family Code Section 153.002.
What is the Best Interest Standard?
The Best Interest of the Child is of course extremely broad and to some extent hinges completely on the beliefs, biases, and standards of the Judge or Jury members. However, Texas Courts have provided some insight as to factors that the Judge or Jury should consider:
- Desires of the child
- Emotional and Physical Needs of the Child, Now and in the Future
- Emotional and Physical Danger to the Child, Now and in the Future
- Parenting Abilities of the Individuals Seeking Custody
- Stability of the Home or Proposed Placement
- Acts of the Parent which may indicate the existing Parent-Child Relationship is not a proper one
In practice, there are countless other factors that can be presented to the court and these will vary from case to case.
Desires of the Child
This one confuses many Texas parents. Many people believe that when a child reaches a certain age be it 10, 12, or 13 that the child gets to determine who they want to live with. This is not necessarily true. In reality the court will be required to interview the child in chambers, IF, the child is 12 years or older and this interview is requested by either parent. However, just because the court must interview the child, that doesn’t mean that the child gets to have the final say. The child’s desire is only one factor the court will consider, and, while it is persuasive, it is by no means binding. The classic reasoning for this is, the child is not mature enough to advocate for what is really in their best interest. They are, after all, only a child. It is a very common defense tactic to rebut the child’s choice by claiming the child is only choosing that parent because the parent lets the child do whatever they want. Needless to say, the desires of the child become much more persuasive around the time the child is between the ages of 14 – 16 and when the child is 17, the court will most likely defer to the child’s decision at that point.
Emotional and Physical Needs of the Child & Parenting Abilities to Address Them
The emotion and physical needs of a child are also extremely broad and will vary case by case. Certain disabilities, mental health issues, academic and behavioral factors are some of the most common areas the court will consider. Regardless of the factors presented, the court will consider these needs, how they will be addressed in the future by each parent, and, ultimately, which parent is most capable of satisfying them.
The parent’s ability to satisfy these needs is usually presented in Trial by admitting evidence of the parent’s past actions and arguing that the court can essentially expect more of the same in the future. Other factors the court will consider are the financial and emotional stability of the parents, occupational time constraints, family and community support, and the parents ability or inclination to provide for the child’s social, academic, and physical development.
Stability in the Home
Nearly all judges will tailor their decisions in a Texas Child Custody Case to minimize the disruption in the child’s life. This would also include, changing the child’s residence and/or schools. The longer a child has resided with a parent and/or attended a certain school district, the harder it is to change this in the future.
However, the court will likewise consider who is living in the home, the child’s performance at school, the child’s social network, their extra-curricular/recreational activities and the ability of each parent to maintain the status quo. Each of these factors can drastically sway the court’s decision in determining which parent can provide for the most stable home environment.
Other Factors
As previously stated, the list of factors the Family Courts will consider in your Child Custody Suit is exceptionally broad and the facts and circumstances of your unique case ultimately need to be analyzed by an experienced Family | Child Custody Lawyer. Our Bryan | College Station Child Custody Lawyers can help prepare your case for a successful result. Schedule a free case evaluation if you are facing a child custody suit in Brazos County and surrounding counties.
Factors that are Irrelevant or Non-persuasive to the Courts
While the factors the court can consider are exceptionally broad there are a variety of elements that the court’s either don’t typically care about or that the Texas Courts or Legislature have mandated the court cannot consider. Some of these areas depend on your individual judge but in general the following factors cannot be considered:
- Marital Status
- Gender
- Race
- Religion
To Learn More about your ability to pursue the Child Custody orders you feel are best for your children in Brazos, Grimes, Waller, Washington & Surrounding Counties contact our experienced Texas Child Custody Lawyers in Bryan | College Station to develop a strategy for success.
Services
We Can Help with your Child Custody Lawsuit
Paternity Suits
We can help establish paternity in a Texas Child Custody Lawsuit in order to resolve matters of Child Support, Parental Rights and Duties, and the Possession and Access of each parent to a child. The Child Custody Lawyers at Nick Davis Law in Bryan | College Station will relentlessly fight to protect the parental rights of their clients. Contact us for a Free Case Evaluation.
Possession Schedules
Whether you are after Primary Custody or just want a fair possession schedule such as 50/50 or a the Texas Standard Possession Schedule, our Child Custody Lawyers can help you with any case in Brazos, Grimes, Waller, Washington & Surrounding Counties. Our Child Custody Lawyers will develop a plan for success. Schedule a Free Consultation and ask about payment plans.
Modifications
All things change and this especially happens to parents and children. What once was a possession schedule, conservatorship order, or child support order that was appropriate and best for the children, may become obsolete, inappropriate, or simply unworkable. The Child Custody Lawyers at Nick Davis Law can help parents in these situations modify previous child custody orders in Texas.
Reviews
What Clients Say
At all times, we put our client’s interests first. The Child Custody Lawyers at Nick Davis Law in Bryan | College Station are proud of their reputation and record for helping Texas Parents obtain primary custody or extended possession and access schedules to their children. We are ready to help you succeed as well. Contact us for a free case evaluation to learn what we can do for your case.
Highly recommend - Jerri Y
Highly recommend - Jerri Y
An Excellent Attorney - Michael
An Excellent Attorney - Michael
Honest, Trustworthy Attorney - Veronica
Honest, Trustworthy Attorney - Veronica
Super Lawyer, Best of the Best - Joe C
Super Lawyer, Best of the Best - Joe C
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FAQ
Frequently Asked Questions
Conservatorship & Rights
In Texas the court will appoint each parent as a conservator of the child. There are two types of conservatorships: Managing Conservator and Possessory Conservator. Managing Conservatorship is further split into two categories: Joint Managing Conservators and Sole Managing Conservators.
Typically, in Texas a court will name the parents of the child as Joint Managing Conservators. This essentially means that each parent will have the right to some level of participation in the decision making for the child and possession and access with the child. These rights, known as “Rights and Duties” can be found in The Family Code sections 153.071, 153.073, 153.074, 153.075, 153.076, 153.131, 153.132, 153.133 and 153.134.
However, in general the main rights the parents tend to fight about are the following which the court can order be exercised “exclusively by one parent,” “by agreement between the parents,” or “independently by each parent:”
- The right to designate the primary residence
- The right to consent to medical, dental, and surgical treatment involving invasive procedures,
- The right to consent to psychiatric and psychological treatment,
- The right to receive and give receipt for period payments for support of the children,
- The right to represent the child in legal actions
- The right to consent to marriage and enlistment in the armed forces,
- The right to make decisions concerning education,
- The right to the services and earnings of the children, and
- The right to act as an agent for the child.
To Learn More about your ability to how to protect and fight for your Parental Rights in a Child Custody Lawsuit in Brazos, Grimes, Waller, Washington & Surrounding Counties contact our experienced Texas Child Custody Lawyers in Bryan | College Station, TX to develop a winning plan.
Who Pays Child Support?
In almost every child custody case, unless a 50/50 possession schedule is ordered or there are other unique circumstances, the court will require one parent to pay child support to the parent that has the exclusive right to designate the primary residence of the child. The range for child support is as follows:
The parent obligated to pay child support will pay a percentage of their net monthly income, which is capped at a net income of $9,200 per month, to the other parent. The percentage paid is dependent upon the number of children the parents have together. For example:
For 1 Child it’s 20%
For 2 Children it’s 25%
For 3 Children it’s 30%
For 4 Children it’s 35%
For 5 Children it’s 40%
Our Bryan College Station Child Custody Lawyers are extremely well versed in the child support laws of Texas and will help you determine the amount you should be receiving or paying in support.
Types of Possession and Access Schedules.
Under the Texas Family Code, the Standard Possession Schedule is presumed to be in the best interest of the child if they are 3 years or older and to deviate from the Standard Possession Schedule requires the court to make a finding that the Standard Possession Schedule is “unworkable” and not in the best interest of the child.
The Standard Possession Schedule is basically understood by most prospective clients from their experience with friends and/or family members. However, the extensive provisions are contained in the Texas Family Code 153.3101 – 153.317
To sum up the Standard Possession Order, the parent that does not have the exclusive right to designate the primary residence will have possession of the child as follows:
- The 1st, 3rdand 5thWeekends of the Month
- Every Thursday from 6:00 – 8:00 p.m.
- Alternating Spring Break
- Alternating Holidays
- 30 days in the Summer.
The weekend and Thursday periods of possession can also be extended to allow for the parent to pickup from school Friday and drop off at school Monday on the Weekends and pick up from school Thursday and drop off at school Friday morning.
50/50 Schedules
Depending on the judge or by agreement with the other parent, the court can enter 50/50 possession schedules such as a week on or week off or a “2-2-3 split” which means one parent has the child on Monday, Tuesday, the other parent has Wednesday, Thursday, and then the weekend is rotated. Usually in these situations, the parents are able to avoid paying child support to each other or, at least, the higher income earning parent’s child support obligation will be significantly reduced. Additionally, most parents that choose a 50/50 possession schedule will restrict the area in which both parents can reside to a school district in order to minimize the back and forth.
If you are interested in pursuing a 50/50 possession schedule the experienced Family | Child Custody attorneys at Nick Davis Law can help.
I want sole Custody, is that Possible?
Most clients that request “sole custody,” think they mean “Sole Managing Conservator” but in practice, it is extremely difficult for one parent to be named as the Sole Managing Conservator. To do so, normally requires the court to find that the other parent has committed family violence, has a drug problem, or has otherwise engaged in some form of child abuse or neglect. When a parent is named as the Sole Managing Conservator, it means they have Exclusive decision-making power for every right and duty under the family code.
When the court names one parent as a Sole Managing Conservator, the other parent is named the Possessory Conservator, which gives them some rights to receive information about the child’s wellbeing and to have some form of possession and access with the child, but the amount of possession and access can be extremely limited.
Being named as a “Sole Managing Conservator” usually doesn’t happen unless the other parent has committed family violence in the past 2 years, had a substance abuse problem, engaged in conduct constituting abuse or neglect, or has been the subject of a final protective order.
Practically speaking, most custody cases will end with both parents being named as “Joint Managing Conservators” with one parent determining the primary residence of the child and the other parent having possession of the children according to the Standard Possession Schedule under the family code.
To begin the process of pursuing sole custody of your children in a Child Custody case in Brazos, Grimes, Waller, Washington & Surrounding Counties contact our experienced Texas Child Custody Lawyers in Bryan | College Station for a free case evaluation.
What happens if there are allegations of Family Violence?
It depends on whether you are alleged to have committed the family violence or if you were the victim. Under the Texas Family Code, if family violence has according the the 2 years preceding the date the custody case was filed, the court is prohibited from appointing both parents as “Joint Managing Conservators” which means that the parent who was the victim of the violence must be named as the “Sole Managing Conservator” giving them exclusive decision making rights to everything for the child.
Additionally, the Texas Family Code section 153.004 prohibits the parent who committed the family violence from having access to the child unless the court specifically determines that its in the best interest of the child that some form of possession or access be ordered, but the court can significantly restrict the type of access that will be allowed and even order all access to be continuously supervised.
If you are facing a Child Custody case that involves allegations of Domestic Abuse and Family Violence in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties contact our experienced Texas Child Custody Lawyers in The Woodlands | Magnolia, TX and Bryan | College Station to learn how we can help either pursue or defend against these allegations.
How does having a Boyfriend or Girlfriend Affect my Case.
Having a new significant other is always a factor the court takes into consideration. By bringing a new person into your child’s life, all factors of your significant other become relevant such as criminal history, mental health, stability, drug and alcohol problems, family violence, protective orders, and whether they have children themselves. If your significant other has some bad facts with any of these factors, you are probably hurting your custody case by continuing the relationship. That’s just the reality.
If you are in a long term relationship and your significant other doesn’t have any bad facts that can be used against you, there isn’t much cause for concern. But, if you are satisfied with the relationship, you may wish to give considerable thought to getting married to them because judges often see “Spouse” as a much more stable relationship than a live in boyfriend or girlfriend regardless of the length of the relationship.
Child Tax Credit.
Texas Courts have really no say over the child tax credit but parent’s are often concerned about it. The IRS makes this determination and they will assume that the parent that determines the primary residence of the child as being the parent that has the right to claim the Tax Credit. However, this can be bargained away in 50/50 possession schedule arraignments.
We Can Help
Payment Plans & Free Consult
Contact our office to schedule a Free Case Evaluation with an experienced Child Custody Lawyers in Bryan | College Station, TX Brazos County. We regularly offer after-hour & Weekend phone consults so our client’s do not have to travel or take off work to speak with their Family Lawyer.
Our Child Custody Lawyers serving Brazos, Grimes, Waller, Washington & Surrounding Counties also understand that litigation can be expensive. You shouldn’t have to compromise the quality of legal representation when it comes to your children. We strive to make exceptional legal representation in family law matters available to all which is why we offer payment plans to help in these difficult times. Contact us to learn more.
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6750 Victoria Avenue, Suite 6
College Station, TX 77845
(979) 417-2220
Bryan | College Station Office
Nick Davis Law
6750 Victoria Avenue, Suite 6
College Station, TX 77845
(979) 417-2220
Business Hours
Mon - Fri 8:00 am to 6:00 pm
Payment Plans
We offer payment plans on all cases.
Our Mission
The Trusted Family, Divorce, CPS, Immigration, and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively. The Family | Divorce | Immigration | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.
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