Custody intervention


emotional blackmail
After divorce, your relationship with your ex-spouse will still continue if you have children to co-parent. It should always be a shared responsibility. Divorce only cuts the ties between you and your spouse, not between you and your children. It may seem simple enough, but there could be complications arising from the behavior or condition of your co-parent. What are your options if your co-parent has abusive tendencies? Abuse towards the Child If your ex-spouse committed abuse towards your children, he/she should not only be prevented from seeing your children but actually be arrested and jailed. Texas Law is very strict with child abuse. However, there are strict measures that can be taken to ensure this.  If the parent has abusive tendencies, the judge may consider this a factor to restrict custody and limit visitation rights.  Also, the restriction does not only apply to the co-parent. It also applies to other members of the co-parent’s household (example: the new partner). They can also be restricted if seen as a threat to the child’s welfare.  Domestic Violence When your ex-spouse has a history, there is a strong tendency that he/she could also abuse the child. If the spouse is abused, there is a possibility that the child is also abused.  Any suspicion of abuse or manifestation of violent tendencies should be reported as soon as possible. The court takes accusations seriously.  The Texas courts will uphold the relationship of the child to its parent. They would not restrict possession or visitation of the child unless it is proven harmful to the child. If your ex-spouse has tendencies, you can petition the court. Protection for the Co-Parent The law will not only protect the child but also you as the ex-spouse. It is highly possible that your co-parent will resist any order. […]

Coping with an Abusive Co-Parent   Recently updated !


unemployed parent
Being a parent entails supporting children in every aspect of their lives— including financial support. Your kids can’t earn for themselves yet. They are totally dependent on their parents. A change in one’s financial situation can affect a parent’s ability to support the child or make child custody payments. Unemployment can raise questions about financial capacity and this may cause changes in the support order of your custody agreement.  Remember, it’s not easy to save money. Don’t beat yourself up if you don’t have savings left for the rainy days. People change and lose jobs. It’s normal. We get to experience reduced income or loss of income for various reasons. Circumstances like these often call for cutting back on the expenditures because not doing so can have an impact on one’s capacity to pay for the basic responsibilities which include child support that is specified in the Texas child custody agreement.  At a Disadvantage A parent who does not have a job has a small chance in winning a custody case. Again, your child has needs. Money is really an issue in childcare. However, custody is not solely determined on the person’s career or the lack thereof. The court does not decide custody cases on financial capacity alone. Custody is not always awarded to the richer parent. You don’t have to be richer. You just have to have enough to take care of the child. Custody cases are decided by evaluating factors that help determine what is in the best interest of the child. Children are usually in the residential custody of the primary parent.  Modifying Child Support The amount of child support will be based on the current income of the noncustodial parent. Applying for modification of the support order is possible when there are changes to the income. […]

Will You Lose Custody When You Lose Your Job?



custody battle
Custody battles can get very bloody sometimes. They are called battles after all. And just like any battle, this kind will really test you and even push you to the limit sometimes. But you have to remember to keep on keeping on as these things go along because you’re not only fighting for your child, you’re also kind of fighting yourself. Going through a custody battle can help you grow and learn more about yourself. Don’t Sell Yourself Short You will have to fight for what you want and deserve in a custody battle. You of all people know how much you want your child to be with you. So, don’t let other people convince you otherwise. Whatever antics they choose to pull off to scare you, do not allow them to back down. Stand your ground and set your boundaries. Do not let them break or breach them. Find the Strength in You As much as there will be people there to help you, they won’t be there all the time. That’s why you’ll also have to learn to find the strength present inside you. It helps build a foundation for who you are. And when you find that foundation and use it to help build yourself up, it’ll be harder for your ex to rattle you and it’ll show them you can’t be pushed around. Don’t Let Them Get in Your Head People may try to break you. This might be especially true if your relationship with your ex was toxic. Don’t let them get in your head and break you. All their lashing out, all the insults, they’re just there to toy with you and throw you off. Don’t let it get to your head. If you do, that’ll only make things harder for you. But they […]

5 Things You Learn from a Custody Battle


Habeas Corpus in a Child Custody Case in Texas
  What do you need to know about Habeas Corpus in a Child Custody Case? If you and your spouse have been divorced for quite a while, you are likely to enjoy split custody privileges and have been co-parenting your child equally. If you haven’t encountered any problems, it is safe to say that you and your ex-spouse have probably followed the court’s final decree to the letter. Since you have not encountered any issues, it would be unimaginable for your spouse to not return your child as scheduled, out of the blue.   However, it can happen. Let’s say it happened, and your spouse is refusing to drop off your child as scheduled. You communicate with him or her and it turns out that your spouse isn’t planning to return your child for a couple of days. Of course, you’re angry about it, but more than that, you’re worried about your child. What about your child’s clothes? What about his or her schoolwork? Will your child’s medications be given properly?   Even under the very best environment, co-parenting can be tough. You and your spouse might want to follow the final divorce decree properly, but you could also want to have more time with your child than what is decided by the court. However, a parent just cannot do what he or she wants when there is a court order that regulates your time with your child.   When to Use Habeas Corpus in a Child Custody Case   Habeas Corpus is an option available to you if the other parent refuses to return your child back to you. This is an option that can be taken after taking look at your divorce decree and child custody order. These court orders are the guidelines for you and your co-parent […]

Understanding Habeas Corpus in a Child Custody Case in Texas



virtual communication
Generally, family courts do not like to issue orders that bars the communication of the child with the non-custodial parent. The custodial parent is not allowed to prevent communication between the noncustodial parent and the child. However, if there is neglect or abuse, the court must issue such orders. If the custodial parent does end up preventing the communication, the noncustodial parent can seek legal recourse. Schedules and rules for calling will be created by the family courts.  Right to Request Schedules Both the noncustodial and custodial parents have the right to request from the court specific schedules to electronically communicate with the child. This OAG form currently provides a reasonable time, but without specific time periods. Digital communication includes email, text messaging, instant messaging, and telephones. Now it also covers social media such as Instagram, Twitter, Facebook, or Skype. Electronic Communication Since we live in the age of Information and Technology, a majority of parents electronically communicate with their child. If the parents have an agreement to this, the same does not have to be included in the order. If there is no agreement, one of the parents can file a motion to add it to the order. Electronic communication by phone, e-mail, text messaging, video call and other kinds of technology are quite assistive in long‐distance parenting. Virtual parenting is not the best substitute for being hands-on with the children. Indirect Interference Interference with a noncustodial parent’s time in communicating with the child can be done indirectly. An example is when a custodial parent interferes with the rights of the noncustodial parent. The refusal of the custodial parent to permit the child to answer calls from a noncustodial parent is unacceptable interference. For extreme interference, a court may issue an order for the arrest and detention of the […]

What are the Non-custodial Parent’s Communication Rights With Children?


foster care
It is unfortunate that many children are born in less than ideal situations. Some have been results of abuse or teenage pregnancy. In any case, the parents may not be ready or capable to take care of the child. The State of Texas is always concerned with the welfare of all children regardless of circumstance. Thus, they have facilities and implemented guidelines for foster care. Child Protective Services (CPS) Rights in Foster Care Every child that is placed in foster care in Texas has defined rights. They have been placed into different categories: Safety and Care Every child has the right to: An explanation on why he/she is in foster care A briefing on what will happen to him/her while they are in the foster care facility Be informed on what will happen to the rest of his family (brothers and sisters) Be told what the CPS is planning for his/her future The foster care facility also needs to provide a family-like setting. The child should receive proper care and treatment and be placed in a safe, healthy and comfortable place. It is also a basic right for a child to be treated with respect and be given personal privacy when the situation calls for it. For the foster home, the employees must have no record of abuse, exploitation or harassment. They must also state the rules clearly and implement them in a fair manner. Family and Contacts If the child sent to foster care has brothers and sisters who are also under foster care, they must live together in the facility. If this is not the case, the caseworker has an obligation to offer a compelling reason for this.   If the child has existing family (parents, siblings) outside of foster care, they should maintain regular contact with them […]

Children Placed in Foster Care in Texas



Grandparent Rights 1
Grandparent rights are one of the areas of family law that seems to be constantly evolving. At the moment, in terms of custody, a grandparent really doesn’t have a significant legal advantage over anyone else. Most of the determination goes primarily to substantial past contact with the child, and the child’s best interest. One could argue that there is always somewhat of an unspoken understanding that a child staying attached to their biological family is preemptively better, and I would agree, but that is really only codified at the moment as to the parents, and not the grandparents. It wasn’t always this way, there used to be more specific standing for grandparents to seek custody, but over time, things have shifted to favor the place and people with whom the child has had the most contact. The first thing to take away from this as a grandparent is that it is important to maintain constant contact with your grandchildren if you want to protect that right. The more attached you and your grandchild are, the easier it will be to show how it is in the child’s best interest to be in your custody. If you haven’t seen your grandchild in a year or two, and it comes to a situation where a judge is making decisions on where a child lives, they are very reluctant to send children to live with people who the child may not know as well. The second thing to take away, is there is no inherent part of the legal process that involves grandparents in a custody process. If you want to be involved, for the most part you need to be active in asserting your rights. The earlier the better! This may mean hiring an attorney, or at least consulting with one. There […]

Grandparent Rights in Texas


Possible Child Custody Arrangements After Your Divorce
 Child custody arrangements are one of the most nerve-wracking court decisions you’d ever have to anticipate as a parent in a Texas Family Court. Most of the parents who approach Texas family law attorneys have this as their biggest concern regarding their divorce. Parents are also aware that the divorce can have a huge impact on their child’s life. In fact, the impact could be greater on the children. Child custody is one of the subjects parents have the most questions about. Possession Vs. Custody Despite this being, not a legal term, parents usually refer to their ‘possession’ issues as ‘custody’ concerns. Parents, who approach family law attorneys in Texas usually ask along the lines of ‘Can I get sole custody of my child?’ Most parents who ask this question do not trust their spouse to be a good parent to their children after the divorce. They also tend to ask more questions and seek more information about split child custody. A lot of parents get shocked at the fact that in the legal world, ‘child custody’ doesn’t exist. Child custody arrangements are in fact conservatorship arrangements in the state of Texas. Conservatorship is governed by Texas state laws regarding relationships between parents and children. Conservatorship also covers the rights and duties that parents have over their child. How are all these related to or affected by your divorce?   The Impact of Conservatorship to You and Your Children   As a conservator, you must be able to make sound decisions for your child until he or she is no longer a minor. This includes decisions regarding where your child will primarily live until adulthood, the school where your child will be attending, decisions regarding healthcare, psychiatric and other medical procedures. These are basically the core of your parental duties […]

Custody vs. Conservatorship in Your Divorce