Helping You Preserve Your Relationship With Your Child In Texas
If you are a parent who is considering divorce or is involved in the divorce process, it is very likely that child custody and child support determinations are important to you. You can trust that your future and your children’s futures will be in good hands at Jeff Gilbert Law Office.
Contact us today to learn your rights from our Brazoria County child custody lawyers.
Protecting The Rights Of Texas Children
Family attorney Jeff Gilbert provides attentive and experienced legal help as they guide you through child custody issues. Whether you and the other parent agree on custody arrangements or are involved in a custody battle, our law firm can give your case the attention and care you – and your children – deserve.
How Do The Texas Family Courts Determine Custody And Visitation?
The courts make decisions based on a standard called “the best interests of the child.” The court or the parents must make decisions for the various types of custody, which include both legal and physical custody.
- Legal custody refers to religion, education, health care and other factors included in making decisions about how the children are raised.
- Physical custody refers to where the children will live. The children live with the primary custodial parent and the noncustodial parent has visitation.
While a court will generally order joint custody, in some situations it may be in the best interests of the children for one parent to have sole custody. Our law firm understands each family is different, and we adjust our strategies accordingly. In every custody dispute, we consistently work for the most favorable possible outcome for you and your children.
How Long Does A Child Custody Case Take In Texas?
A child custody case in Texas usually takes a couple of months or less. However, a contested custody case can take over a year. Many times parents ultimately settle with the support of a mediator. Yet, occasionally there are reasonable justifications to go to a trial on a child custody issue.
Can Child Custody Be Modified In Texas?
In the months and years after your divorce has been finalized, it may be necessary to change initial determinations of child custody. For example, if you are the primary custodial parent and wish to move away to another state because of your career, a child custody modification may be granted. It must be shown that the relocation is in the best interests of the children. The courts will need proof that there has been a change of circumstance, that the change is significant, and that granting the modification is in the best interests of the children.
What Makes A Parent Unfit
If you believe your spouse is incapable to share custody of your child, you may ask the court to investigate this allegation. This is a serious accusation, since it implies that he or she endangers the child’s safety. When deciding whether or not anyone is unfit, the court will consider the following factors:
What extent of participation has the parent shown in the life of the child?
Are there any age-appropriate limit-settings? Are there any prohibitions that prevent the child(ren) from watching R-rated content, for example?
Is the parent suffering from a mental disorder that prevents them from
performing their duties as a caregiver?
What is the parent’s level of contact with the other parent?
Is there a history of drug and alcohol abuse, either present or previous?
Has the parent provided the child(ren) with a stable home environment?
Grandparent Custody And Visitation Rights
Having a strong relationship between the generations is a blessing that many parents encourage between their children and their parents. When those relationships are strained because of divorce or other circumstances, it may be difficult for grandparents to gain access to their grandchildren.
The law in Texas gives grandparents who have had custody or primary care of their grandchildren the right to ask a court to order custody or visitation. A grandparent can also ask for temporary custody in cases where a child is in immediate danger or threatened with emotional or physical harm.
In situations where grandparents are seeking custody or visitation with their grandchild, it is important to be represented by an attorney who understands the legal standards. These are not easy cases, but we are ready to help find a solution to your situation.
Call Jeff Gilbert Law Office Today
Doing what’s best for your children means exercising every available resource. It takes an experienced Brazoria County child custody attorney to show you all the options available.
Our firm strives for sound custody arrangements that allow you to move forward with your life after divorce proceedings. Call 979-431-1268 to get started.