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Houston Child Custody Attorney

Supporting Families Through Custody Proceedings in Houston 

Texas family law cases often result in emotional issues regarding child custody. Disagreements between parents often cause turbulence and turmoil in the lives of their children, causing them to suffer the most. Even when the parents are doing their best to shield their children from the conflict, this can still occur. It is in the children's best interest to attempt to resolve disputes quickly and successfully with experienced Houston custody lawyers.

Divorce Becomes Significantly More Complex with Children - Get the Legal Guidance You Need

Custody issues are often one of the most contentious parts of divorces in Houston that involve children. The sophistication of divorce increases dramatically when a couple has a child together. Whether you want to work with your spouse to develop an equitable possession schedule or rely on the court to handle your case, having a Houston family lawyer you can trust is crucial.

Our experienced child custody lawyers from the Houston family law firm of Diggs & Sadler can help you protect your child's rights and best interests during your custody disputes or visitation concerns.

When looking for a family lawyer in Houston, Diggs & Sadler can provide you with the legal assistance you need. With over 125 years combined experience, our legal team is dedicated to make sure you get the help you need through this tough circumstance.

Understanding Child Custody in Texas

Child custody in Texas refers to the legal and physical rights and responsibilities that parents have concerning their children after a divorce or separation. The terms "conservatorship" and "possession and access" are commonly used in Texas family law to describe these aspects.

Conservatorship refers to the legal rights and responsibilities of a parent. There are two types of conservatorship: joint managing conservatorship and sole managing conservatorship.

Possession and access deal with the physical custody and visitation schedule. The parent with whom the child primarily lives is referred to as the "custodial parent," while the other parent is the "noncustodial parent." The noncustodial parent typically has visitation rights according to a schedule outlined in the court order.

The court decides these arrangements based on the best interests of the child, taking into consideration factors such as the child's preferences (if old enough), the physical and emotional well-being of each parent, and the ability of each parent to provide a stable and supportive environment.

How Our Houston Attorneys Can Assist with Your Custody Case

At Diggs & Sadler, we understand that child custody matters can be emotionally challenging and legally complex. Our experienced team of child custody attorneys in Houston, TX, is dedicated to providing comprehensive legal support to help you navigate through the complexities of child custody disputes.

Here's how we can assist you:

  • Legal Expertise: Our attorneys have a deep understanding of Texas family law, including the specific statutes and regulations governing child custody. We can provide you with the legal guidance needed to make informed decisions throughout the process.
  • Strategic Planning: Crafting a solid strategy is crucial in child custody cases. We work closely with you to understand your unique situation and goals, developing a customized legal strategy that aligns with your interests and the best interests of your child.
  • Negotiation and Mediation: We strive to reach amicable resolutions through negotiation and mediation whenever possible. This approach can help minimize conflict, reduce stress, and create a more positive environment for both parents and children.
  • Court Representation: If court intervention becomes necessary, our skilled attorneys are prepared to represent you effectively. We will present a compelling case on your behalf, advocating for your parental rights and the well-being of your child.
  • Documentation and Filing: Handling the paperwork and legal documentation is a crucial aspect of child custody cases. We take care of preparing and filing all necessary documents, ensuring that everything is in order and submitted according to court requirements.
  • Custody Modifications: If circumstances change after the initial custody order, such as a job relocation or a significant life event, we can assist you in seeking custody modifications to reflect the new reality.
  • Communication and Support: Our team is committed to open communication with our clients. We keep you informed about the progress of your case, promptly address your concerns, and provide the support you need during this challenging time.

Click below to learn more about child custody in TX:

Schedule a Consultation with a Houston Custody Attorney Today or via phone at (713) 766-5355 to discuss your child custody needs.

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Types of Custody in Houston, Texas

The result of a child custody contest will typically end with one of these general outcomes:

  • Joint Custody: Generally, the court in Houston, will try to appoint joint custody to both parents, meaning each will have some degree of access to the child. This doesn't necessarily mean that you and your spouse will share physical custody equally or at all, but it does mean you both have a say in certain decisions on behalf of the child.
  • Sole Custody: If the court grants sole custody to a parent in Houston, they then house the child and have the exclusive right to make parenting decisions for the child that parent believes in their child’s best interest. Courts have the discretion to give a parent sole custody if the other caretaker is "unfit" due to an issue such as substance abuse, accidents, child neglect, etc.

In situations where one parent houses the children, the other parent may gain visitation rights to see them. The schedule of a visitation arrangement depends on the details in a custody case.

How to Handle a Child Custody Modification in Texas

If you disagree with the outcome of your custody disputes, you can appeal the court's decision in Texas. In some custody cases, you may be able to regain custody or visitation rights to your child after exemplifying to the court that you have made optimistic adjustments to your life.

In addition, our Houston custody lawyers can help you work to modify custody, visitation, and child support agreements in certain circumstances.

How Do You File for Child Custody in Texas?

You must prove that your child lives in Texas before you can file for child custody. A child must have lived in TX for at least six consecutive months with a parent or a guardian.

You must be able to demonstrate that your child resides in Texas before filing for custody. The procedure for filing may vary depending on your situation.

Before settling child custody, you may need to resolve questions of paternity if you weren't married to the other parent. When meeting with a Houston family lawyer, they can help you prepare and execute a custody filing.

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The Diggs & Sadler Difference A Tradition of Excellence

  • A Team-Based Approach
    When you hire one attorney at Diggs & Sadler, you receive the experience, knowledge and insight of our team.
  • Always Prepared for Trial
    Our attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
  • Strategic Representation
    Each case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
  • We Put Clients First
    At our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.

What You Should Know About Interstate Possession and Child Custody Issues in TX

When multiple states are involved in property possession and child custody, a family may need to work through a multi-step process involving courts of varying jurisdictions. For example, TX courts operate under the community property rules, but not all states divide property this way, which can make the process of dividing property across different jurisdictions much trickier.

In interstate custody cases, there is a uniform law that helps streamline the custody process. Known as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), it establishes the following rules on jurisdiction, which can clarify some confusing points of contention during an interstate child custody case:

  • The jurisdiction in the child custody case goes to the child's "home state."
  • A child's "home state" is where he or she resided six months before the custody case being filed, as long as the parent filing, not necessarily the child, resided there for that time.
  • If no state fulfills this requirement, jurisdiction will go to a state where the child and at least one parent have a meaningful, evidentiary connection.
  • If no state fulfills either of these requirements, jurisdiction may open up to any state with a meaningful connection to the child.

These home-state connections may be challenged if the parents and child no longer live in the state or have a meaningful connection that can be determined through evidence. If this occurs, the court must evaluate a new home state to handle future conservatorship enforcement or modification cases.

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Find Legal Counsel Today and Call Our Texas Family Attorney

If you are ready to meet with an experienced Houston family law attorney, Diggs & Sadler are available to assist you.

Our Texas law firm understands how strict negotiating custody of your child can be and wants to deliver the dependable, compassionate legal representation you need to handle the case confidently.

Contact us today to schedule a consultation with a professional Houston family lawyer.

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