Child Custody Attorney in League City
helping parents obtain the right child custody arrangements in Clear Lake, Friendswood and the surrounding areas
Being a parent and raising a child is one of the most common and universal experiences we share with all humanity. Moreover, the role of nurturing a child is so vital to our society, we have laws to protect a parent’s fundamental rights and duties of care, custody and control over the upbringing and education of their children. This is why it is important for parents to proactively protect and enforce these rights by hiring an experienced League City child custody lawyer. Learn more about what custody rights you have, and how court orders can impair your rights if they are left unprotected.
To speak with an experienced League City child custody attorney here at Musemeche Law, contact us online or give us a call today.
Legal Custody (Conservatorship)
Legal custody refers to the right to make decisions for your child. These are important decisions regarding the child’s primary residence, where the child will be enrolled in school, and what elective medical, dental and surgical treatment the child can have involving invasive procedures. Other important decisions may relate to psychiatric and psychological treatment of the children. Other decisions may include the parent’s right to apply for and maintain the child’s United States passports. If both parents are equally capable, and there is no history of domestic violence or abuse, the court will generally order joint custody. This is referred to as “joint managing conservatorship” under Texas law. This means that both parents have the right to make these decisions, and neither parent’s decision gets to overrule the other’s. Still, there may be times when disagreement or differences of opinion are unavoidable. Often, the decree or final order will take these situations into account, and provide for a fall back “tie-breaker” decision maker (not the court or the attorneys) to resolve the dispute (usually the child’s pediatrician or school counselor), depending on the type of dispute that is in issue.
The court can also award exclusive custody and control over the rights and duties of the child to one parent if that is found to be in the best interest of the child. This parent will be designated as the “sole managing conservator.” This is often awarded to one parent when there has been a finding of family violence, or in situations where there is such high conflict between the parents that a joint (co-parenting) relationship is impractical and/or would not be in the best interest of the child.
Physical Custody (Access and Possession)
Physical custody is called access and possession under Texas law. Texas law encourages frequent and continuing contact with both parents, regardless of gender. This does not necessarily mean 50/50 possession of the child. However, the Texas Legislature has determined that the MINIMUM amount of time that the non-custodial parent should visit with their child is the amount of time described in the Standard Possession Order (SPO). This is a default visitation schedule that lets the noncustodial parent have physical custody of the child on:
- Thursday evenings (plus overnight during school year)
- The first, third and fifth weekends of the month
- One month in the summer (plus more)
- Alternating holidays
Of course, every family has different schedules and different needs, so the SPO will not work for every family. Parents are encouraged to agree to a schedule that is best for their children. Families should also ensure that the children have frequent and continuing contact with both parents. But if the parents cannot agree to a schedule, the default schedule of the SPO will apply.
The Right Attorneys for League City and Friendswood Child Custody Disputes
Attorney Rob Musemeche has helped many Texas parents protect their custody rights. Certified as a family law specialist by the Texas Board of Legal Specialization, he has the experience and skill necessary to provide the legal support you need.
Call (281) 809-9757 or contact us online to schedule your consultation with an experienced League City divorce attorney.
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