Custody intervention


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


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



Essential Knowledge About Child Custody You Ought to Know Before Going to a Texas Family Court
  Child custody is undeniably one of the major issues debated on in the wake of a divorce. In divorces that involve children, child custody and conservatorship is an issue that always comes up. One of the most commonly discussed issues is where your child or children will reside after your divorce.     Where Your Child Will Reside After Your Divorce   Some people go through all the trouble of a divorce just to get the child or children away from their spouse. There could be issues with their spouse that they don’t want their child to be exposed to. It could also be that they are fighting too much and too often and they don’t want their child to witness it, hence, they go for a divorce. It’s a sad reality, but a reality nonetheless. A lot of people assume that the mother always gets the child after the divorce, but this is not really the case. Good news for fathers who are interested in having possession of the child after the divorce. Today’s blog post will provide you with essential knowledge about child custody and conservatorship before you go to any Texas Family law court.     Who Gets Primary Conservatorship     One of the main issues that need to be resolved in any child custody or conservatorship case is the primary residence of the child. This is usually resolved by either the agreement between the two parents or a decision from the judge after a trial. There is an old stereotype about the mother being the primary conservator – in other words having the primary custody of the child. While this is often the case, it is only because the mother usually wants to be the primary conservator and acted that way while the parents […]

What to Know About Child Custody Before Going to Court


How Will Split Custody Affect You And Your Family
Many parents who go through a family law case aim for at least achieving split custody of their child once the case is finalized. There is, of course, a huge number of parents who’d want to have their child to themselves if they could only have their way. However, split custody is already a ‘fair enough’ arrangement for many. In this type of arrangement, parents could at least spend as much time with the child as much as the other parent. This type of conservatorship goal is usually from the parent who already believes that the other parent will be awarded the primary conservatorship of the child. If you belong to this group of parents, are you absolutely certain that a split custody arrangement is what would fit you and your family best?   Whether you get split custody after your family law case is finalized or not, determining the possession schedule is one of the most difficult issues you’d ever have to encounter in any family law case involving your child. There is, of course, a standard order that a judge can default to, known as the Standard Possession Order. This is typically what the judge would order if you and your child’s other parent do not reach an agreement regarding the possession schedule.     Considering the Best Interest of Your Child   The court will always consider the best interest of your child in making decisions regarding child support, child custody, visitation, and possession. A split custody where you and your child’s other parent will share the time of the child. This will be what the court will decide if it is proven to be in the best interest of the child. However, in most cases where the court orders a split custody, the court does not […]

The Effects of Split Custody on You And Your Family



Common Legal Problems Single Parents Face in Texas
  Every parent, including single parents, work hard and do their best to protect their children and provide everything their children needs. It can be challenging at times for parents to achieve this, even when working together. You can only imagine how it can be for single parents. Most of the time, single parents face bigger challenges in their parenting. At times, these challenges can even come in the form of legal battles. Custody battles and child support are definitely a handful, and it can be such a headache when you’re facing it alone as a parent. Here are the common legal problems that single parents usually face:   Establishing Parental Rights   The issue of parental rights can be such a challenge for single parents. Both parents are automatically awarded equal parental rights. That in itself is not a problem. However, it can be a real hassle if your child’s other parent does not see himself or herself as a full-time parent. If the other parent just wants to drop in and act as a parent when it’s convenient or whenever it pleases them, it can make things difficult for you and your child. This will potentially lead to disagreements between you and the other parent. It will also paint a turbulent image of the child’s environment. It’s especially challenging when the other parent drops in just to oppose your decisions that are actually in the child’s best interests. When this happens, you can be entangled in a complicated legal battle against the other parent, with either one of you trying to discredit the other in order to terminate the other’s parental rights. If you succeed in terminating another’s parental rights, you might end up with a sole conservatorship right. If you establish more specific parental rights and duties […]

Common Legal Problems Single Parents Face in Texas


An Overview of Enforcement Suits in Texas Family Law
When will you need an enforcement suit? For family law cases in Texas, there are two ways to end a case. One is to settle your case through negotiations with the other party, and the other option is to go on a trial in court wherein a judge can make the decisions for you. Either way, you will receive a Final Order. Whether you like it or not, as soon as this rolls out, it would serve as your map where rules are concerned regarding your relationship with your child. There are some cases where a parent is extremely dissatisfied with the results seen in the Final Order that they completely disregard it. If you find yourself in this situation and you think that not abiding by what is stated in the Final Order is alright, you’re in trouble. You see, your co-parent can potentially hold you responsible, legally, for your actions. If you are that other parent, you cannot simply go to the police to inform them of the violations made by your ex-spouse. Instead, you will have to file an ‘Enforcement’ for an Enforcement suit at the same court where you received the final order. Aside from that, you will also have to present evidence of the violations made. Otherwise, you cannot hold your co-parent responsible.     What an Enforcement Suit Does   An enforcement suit is not exclusive to family law. It also covers other matters such as criminal law and appellate cases. In order to find a solution to the problem caused by your ex-spouse’s violation, you and your attorney must find a mix of laws that will be appropriate for your situation. Here are some of those solutions associated with an Enforcement Suit.     Contempt of Court   Contempt of court is a […]

An Overview of Enforcement Suits in Texas Family Law