Child Custody & Visitation Attorney in Houston, TX
It is often the case that children are the principal victims of divorce. Even when parents do not intend to, they make child custody and visitation rights a battleground–in some cases as a proxy for other unresolved financial or emotional issues. Obviously, every parent wants to do what is right for their children. But when you and your spouse (or unmarried co-parent) cannot agree on “what is right,” you have every right to work with a skilled child custody lawyer to assist you in making your case to the court.
The Law Offices of Tad Nelson & Associates assists parents in Houston, Galveston, League City, and the surrounding areas with all kinds of child custody and visitation issues, including modifying an existing agreement following a divorce or other change in circumstances. We understand how to handle custody disputes with maximum sensitivity and discretion. At the same time, we will be aggressive in ensuring the court respects your legal rights as a parent.
Common Types of Custody Arrangements
While many states can differ, the following are some common types of custody arrangements that can be seen, discussed, and implemented depending on the situation. Some arrangements may end up with sole legal and physical custody to a single parent, sole physical and full custody modification joint legal custody, joint physical and legal custody or, sole legal and joint physical custody.
- Physical Custody: Simply put, this means a parent has the right to have a child (or children) living with him/her. Joint physical custody, typically best if the parents are living relatively close to each other, is splitting time between both parents at two locations.
- Legal Custody: This custody gives one the right to make decisions about their child’s schooling, religious upbringing, where they get check ups done, and more. *If both parents have legal custody (joint legal custody) and one parent violates the rights of the other, the violated spouse may take the other to court and enforce the custody agreement.*
- Sole Custody: Sole custody is granting custody to one parent of the splitting-couple. This can be easily determined if one party has a drug dependency, abusive past, or any sort of unstable living condition.
- Joint Custody: Parents can have joint custody if they are divorced, separated, not living together and still share the decision-making responsibilities for their children.
How Custody Decisions Are Made
As is mentioned later in this article, doing what is best for all parties, especially the children, is what the goal should be. The best interests of the children can differ for each family and child. Some of the factors that can go into the child custody case decision are age, sex, and physiological well-being. Others could be indirectly related to the child such as the parent’s mental and physical health, the ability to care for their child, and some other social factors.
If you are unsure on what could be a determining factor in a custody decision surrounding your family, contact the Law Offices of Tad Nelson & Associates. We can evaluate your case and help clarify any questions or concerns about family law you may have.
Determining who will have custody of the child(ren) can also be influenced by the parent’s ability to provide. This can be broken down into how much each parent works, is at home, and interacts with the children on a regular basis (prior to the divorce/separation taking place). If a father works 60+ hours per week while the mother works part time, custody may be granted to the mother with visitation permissions given to the father. Many of the decisions made during a divorce or separation, while difficult, must be done with the best interest of the child in mind.
How Conservatorship and Possession Works in Texas
The Texas Family Code spells out how child custody proceedings work in the state. Technically, it is not called child custody. Instead, the Family Code refers to “conservatorship and possession” of a child. In many cases the court will name both parents as “joint managing conservators,” meaning they share responsibility for making critical decisions regarding the child’s care and well-being. However, one parent in Galveston County is almost always granted the “exclusive right to designate the primary residence,: i.e. who the child will live with the majority of the time.
If the court decides to only name just one parent as sole managing conservator, the other parent is usually named a “possessory conservator”. This is the legal term for custody order granting the non-custodial parent regular visitation rights. A judge in Texas courts should never deprive a parent of access to his or her child unless doing so would endanger their physical or emotional welfare when it comes to custody in Texas. Among other things, this means a court cannot restrict a parent’s access to their children for failing to pay child support.
Indeed, the Family Code expressly states that the “best interest of the child shall always be the primary consideration” when deciding issues of custody and visitation. Obviously, this is not a one-size-fits-all standard. The unique facts and circumstances of life in each family’s situation must be considered. And as things change over time–e.g., one parent gets remarried or has to move out of town for work–it may be necessary to revisit and amend a prior conservatorship and possession order.
Child Custody & Sexual Assault Defense
Child custody disputes between parents are always fraught with emotional difficulties. But when allegations of sexual assault are involved, the consequences can be devastating for the parents and child alike. Such matters needed to be handled with the greatest of sensitivity and understanding.
No matter what side of the dispute you are on–the person making the sexual assault allegation or the one who is accused–you need to work with an experienced Texas family law attorney who understands the complexities of the law in this area. Even when there are no criminal charges of sexual assault pending against a parent, the mere accusation can significantly impact a judge’s custody determination. The Law Offices of Tad Nelson & Associates can promise you professional representation in handling these matters. We will work to ensure the best possible outcome under the circumstances.
Terminating Parental Rights When a Child Is Conceived Through Rape
Each year thousands of women in the United States become pregnant as the result of a sexual assault. Like many states, Texas has laws on the books that authorize a judge to terminate the parental rights of the attacker. It is important to emphasize that such proceedings are independent of any criminal investigation or trial regarding the sexual assault itself.
Section 161.007 of the Texas Penal Code states a family court judge “shall” order termination of parental rights when three conditions are met:
- The accused parent is found to have engaged in conduct that is a specified criminal offense;
- The child was conceived “as a direct result” of that conduct; and
- It would be “in the best interest of the child” to terminate the accused person’s parental rights.
Specified offenses under Section 161.007 include any or all of the following:
- sexual assault (rape)
- aggravated sexual assault
- continuous sexual abuse of a young child or children; and
- prohibited sexual conduct, i.e. sexual intercourse with an ancestor, descendant, stepchild, sibling, or other relation.
Unlike a criminal trial, where the accused must be found guilty of every element of the offense “beyond a reasonable doubt,” in termination proceedings under Section 161.007, a judge need only find by “clear and convincing evidence” that sexual assault or another specified offense took place.
The Texas Supreme Court has defined clear and convincing evidence as “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In other words, it is less than “beyond a reasonable doubt,” but greater than “preponderance of the evidence,” which is the standard used in most civil proceedings.
Of course, a criminal conviction for sexual assault or another specified offense is usually enough to meet the “clear and convincing” standard. But even without a conviction, a judge may decide after listening to witness testimony and considering other evidence that the accused parent likely committed sexual assault and therefore it would be in the child’s “best interest” to terminate parental rights.
The “best interest” determination itself is based on a number of factors. A judge may consider, among other things, the child’s emotional and physical needs now and in the future, the danger posed to the child, the overall stability of the home, and any “acts or omissions” of the accused parent that could indicate a continuing relationship with the child is improper. A judge should also consider the child’s desires if he or she is capable of expressing them. However, the child’s wishes are not paramount.
A court may also consider other personal character evidence in deciding a Section 161.007 petition, including the accused parent’s history of drug use, domestic violence, or other violent felonies such as armed robbery.
Sexual Assault Accusations & Custody Disputes
Even if a child was not conceived as a result of rape, a family court can also look at accusations and evidence of sexual assault and related crimes in making a custody determination as part of a divorce proceeding. By default, Texas law presumes both of a child’s parents should be named “joint conservators,” or share custody. But a judge can ignore this presumption if there is evidence that a parent has a history of committing acts of domestic violence or sexual assault, whether against the child or the other parent.
While sexual assault allegations must always be taken seriously, there are of course cases where false charges are levied by a parent seeking to gain the upper hand in a bitterly contested custody case. Whatever side you find yourself on, attorney Tad Nelson and his team can offer you the best legal representation available. Contact our offices in League City or Galveston today at (281) 377-7931 to schedule a consultation today.
Our Houston Child Custody Lawyer Will Work to Obtain the Best Result for Your Family
Remember, child custody modification does not have to be a “battle.” The goal is not to “win” over the other parent. Rather, it is to reach a mutually satisfactory arrangement that benefits all parties involved–especially your children. Hiring legal representation from an experienced Galveston child custody and visitation lawyer at our law firm does not mean you are looking for a fight with our attorneys. It simply means that you want to make sure a judge has all of the relevant facts and legal arguments before making a decision regarding joint managing conservatorship and sole managing conservatorship. Attorney Tad Nelson and his experienced legal team only want to reach the right outcome for you and your family whether it’s sole conservatorship or joint conservatorship with your former spouse. Contact the Law Offices of Tad Nelson & Associates today to schedule a free consultation with a divorce attorney with extensive experience in legal services in Galveston, TX, League City, and Texas City.
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