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CHILD CUSTODY 

Our office represents mothers, fathers, grandparents, and others, whose goal is to protect the best interest of the child. At the Law Office of A. Green, our office focuses on placing children at the core of every decision because ultimately children are the most important party to a legal dispute involving child custody. We encourage you to seek legal advice to protect your rights and avoid any unexpected issues during the legal process. There are different types of legal issues in Texas involving children:


Modification

Custody/Visitation

A modification of custody or visitation are allowed in Texas when there has been a substantial or material change of circumstances, the parents have both voluntarily agreed to change the custody or visitation order, the child is at least 12 years old and has told the judge whom they want to live with, or the parent who the child lives with, has allowed someone else to have primary custody of the child for at least 6 months, excluding parents who are on active military duty. In either circumstance, the parent has to show the court that the change in custody or visitation would be in the child's best interest. There are different factors that can be considered a substantial or material change that will justify a modification, including a family violence or child abuse conviction or order of adjudication.  


Child Support

A modification of child support is allowed in Texas when there has been a substantial or material change of circumstances, or if it has been at least 3 years since the last child support order, and a new order based on the Texas Child Support Guidelines would change the last child support order by at least 20% or $100. 


Supervised Visitation 

A parent who is uncomfortable with the other parent having possession and access/visitation with the child alone can consider asking the judge to order that visitation be supervised. In most cases, supervised visitation is only for a temporary time period, but the exact time length will depend on the circumstances surrounding the case, and the judge's order. These are some of the common situations that may be sufficient for a parent to ask for supervised visitation:

  • Drug Abuse
  • Alcohol Abuse
  • Child Abuse
  • Sexual Abuse
  • Family Violence/Domestic Abuse
  • Mental Illness

Refer to our Resources page to obtain information on different services for supervised visitation.


FAQ


Are custody determinations automatically made based on the sex of the child and the parent?

No, custody determinations are not automatically made based on the sex of the child and the parent, i.e. just because the child is a female does not mean that the mother will automatically be awarded custody. The court will look at what is in the child's best interest in determining the custody arrangement.


Can I keep my child longer than the order allows?

No, you should not keep a child longer than the time period specified in the order without the other parent's approval or an emergency situation that would warrant the action based on the safety and welfare of the child.


Can the other parent refuse to inform me of the address where my child is staying during the other parent's possession and access period? 

No, each parent has a right to know the address of where the child is staying at during the parent's possession and access period. 


Can the other parent have their boyfriend or girlfriend around my child overnight?

No, the other parent cannot have your child around their dating or intimate partner if there is an injunction in place. The injunction would not apply if the other parent is actually married to their significant other.  


Discuss your child custody options in a confidential consultation with an attorney in our office.

Contact us by email or call us at 832-844-1677.