Finding A New Normal For Your Children

When a couple separates, the most important decisions they make will revolve around their children. I am Jana Landry, and I founded Jana Landry Attorney at Law in order to help people. I have worked with clients throughout Texas since 1999. I take the time to address your concerns so you can feel more confident moving forward.

Understanding The Different Types Of Custody

Every family is unique, which means there is no “one size fits all” solution. After analyzing your situation, I can provide you with a myriad of options that might work for you. Child custody arrangements come in all shapes and sizes. In order to understand them, I have included a brief explanation here:

• Legal custody means that you are responsible for making all decisions for your child. This includes where they go to school and what doctor they may see.
• Physical custody refers to where the child will live. The parent in these cases is known as the “possessory conservator”. The word “conservator” is used because “conservatorship” is often used in place of the word “custody”.
• Partial custody is when parents share responsibility, but not equally. One parent will typically be the primary custodial parent, while the one with partial custody is considered the noncustodial parent. Their time with their child and the decisions they can make are limited.
• Sole custody means that one parent is accountable for anything and everything related to their child and their wellbeing.

It’s important to know that these arrangements can be modified as time goes on. As time progresses, your child’s needs may change. Whether you are just getting started or need to make a revision, I can help you navigate this process.

Frequently Asked Questions About Child Custody

Whether you are preparing for divorce or going through a breakup, concerns about your children may dominate your thoughts. I can help you understand your rights and assist with the pursuit of custody terms that are in your children’s best interest.

What influences a judge’s custody determinations?

In a contested or litigated custody case, a judge’s top priority should be the creation of a custody order or parenting plan that works in the children’s best interest. Factors including each parent’s existing relationship with their children, living circumstances, finances and health can influence how a judge allocates parenting time and the legal authority to make decisions on their behalf.

Judges also consider the unique emotional and physical needs of each child when resolving custody disputes. Finally, they may consider the child’s preferences. Critical evidence, including documentation from their school, medical records and even witness testimony, can impact a judge’s final ruling.

Can children choose which parent’s home they will live in?

The standard approach to child custody in Texas requires that a judge take the preferences of older children into consideration. Children age 12 or older can express their preferences regarding where they live and the overall allocation of parenting time.

It is important to realize, however, that a child’s wishes do not control a judge’s decision. Their preference is just one of many factors that a judge must weigh when deciding what serves a child’s best interests.

What can happen when one parent does not follow the custody order?

A Texas custody order is a legal document that carries the full authority of the courts. If one parent refuses to follow the court-approved custody order, the other can request enforcement. Denying a co-parent time with the children, refusing to involve them in decision-making or otherwise violating the order can be grounds for custody enforcement or modification requests.

A judge can enforce a custody order by clarifying its terms and formally warning a parent about their noncompliance. They can order makeup parenting time for the parent denied access. A family court judge has the authority to declare a parent in contempt of court, which could lead to fines or other penalties.

In cases involving repeated violations, a judge may consider that noncompliance when modifying the existing custody order. Consistent noncompliance can be grounds for a reduction in parenting time. Parents hoping to enforce or modify custody orders need to clearly document each violation and consult with a family law attorney, such as Jana Landry Attorney at Law, to understand their rights.

Call Today; I Can Help

The right attorney will advocate not only for you but also for your children. Look no further. Call my office in Friendswood at 281-984-4425 to schedule a free consultation today. You can also email me by clicking here.