Houston Child Custody Lawyers

A divorce can be contentious and complicated enough without having to deal with a lengthy custody battle. Depending on how open your former spouse is to compromise, you may face a considerably painful fight to get full or joint custody of your children. Without a skilled Houston child custody lawyer, that fight may be harder than you expect. C. E. Schmidt & Associates PLLC understands the difficulties you are facing. Our 100 years of combined experience are at your disposal.

Having the right legal representation in your custody case can make all the difference, especially if you are inexperienced in dealing with family legal matters yourself. We can help you avoid missing deadlines, gather the evidence you need to help your case, and even negotiate with your spouse’s legal team on your behalf. Contact C. E. Schmidt & Associates PLLC at 346-517-6906 to learn more about how we can help your case.

Child Custody Laws in Texas

Texas has its own legal terminology for child custody situations. Legal custody is known as conservatorship, while physical custody is known as possession and access. While conservatorship deals with the legal rights and responsibilities that a parent has over their own child, possession and access are explained in terms of where the child will live, as well as the visitation schedule that the noncustodial parent will abide by.

The legal process used in Texas to address child custody, including conservatorship and possession and access matters, is known as a suit affecting the parent-child relationship (SAPCR).

Texas law prohibits any state court from taking a parent’s gender or marital status into consideration when determining custody. Mothers and fathers alike are seen as equal parents with equal responsibilities. All custody decisions must be made with the child’s welfare in mind.

Different Types of Conservatorships in Texas

Generally, in the state of Texas, there are two types of conservatorships that can be decreed by the family courts. Each type has its own specific set of responsibilities and authority over who gets to make decisions about the child’s welfare and future. Understand the primary differences between the two types of conservatorships so you know exactly what you’re fighting for, as well as the different rights and responsibilities afforded to you by each:

Joint Managing Conservatorship

A joint managing conservatorship (JMC) generally involves both parents sharing equal responsibility for child-rearing. Both parents are responsible for making important decisions about the child. This includes decisions about the child’s education, religious upbringing, healthcare, and more.

However, a joint managing conservatorship arrangement does not automatically grant each parent equal access to their child. One parent is usually chosen as the custodial parent, and they decide where the child lives.

Sole Managing Conservatorship

The other type is a sole managing conservatorship (SMC). In an SMC arrangement, one parent is given the majority of the decision-making power, as well as primary physical custody of the child in question. While the court usually prefers to push for a joint managing conservatorship, it may not be an option in some cases. An SMC is often chosen in cases involving family violence, neglect, or substance abuse. It ensures the child is with the safest parent.

The Interests of the Child

When it comes to determining a custody arrangement, the Texas court system is obligated, both legally and morally, to do what’s right for the child. The child’s welfare is their top priority. In order to do what’s right for the child in each custody case, they may have to refuse the parents’ custody requests, depending on the situation. Many important contributing factors must be properly addressed before determining the right outcome for the child, including:

• The stability of the child’s current living situation
• The bond that the child has with each parent
• The emotional and physical needs of the child
• Each parent’s current financial status

Depending on how old the child is, the court may take their preferences into account. If the child is at least 12 years old, the court will likely hear from the child. They may be able to choose which parent they would prefer to live with. Giving the child a chance to be heard can be significant, especially in custody cases where the child’s welfare is at stake.

Building a Parenting Plan

One of the most important elements of a custody arrangement is a parenting plan. A parenting plan is a detailed legal agreement that lays out exactly how each parent will share responsibility for their child going forward. A typical parenting plan includes a strict visitation schedule, plans for major holidays, family vacations, and communication, and it establishes which parent will make decisions for the child’s education, medical needs, and more.

A consistent parenting plan can be the cornerstone of your new parenting relationship with your ex. It also ensures that stability is an ongoing priority in your child’s life. It can reduce the amount of conflict between parents, as everything that each parent needs to know is already listed out and agreed upon by the court. You want to do what you can to establish a nurturing environment for your child, who may be taking the divorce as hard as you are.

The first step in putting together an effective parenting plan is consulting with an experienced legal professional. A Houston child custody lawyer from C. E. Schmidt & Associates PLLC can ensure that your interests are consistently protected throughout this process. To resolve disagreements between you and your spouse, you may want to consider mediation. Sitting down and resolving matters with a neutral third party can be very beneficial in creating a more stable and nurturing environment for your kids.

Modifying Custody Orders

It’s important to keep in mind that circumstances can always change in your life. The same is true with a custody arrangement. What worked for you and your ex before may no longer be feasible, and the existing order may need to be modified. A child custody lawyer in Houston can assist you in modifying a custody order. In Texas, either parent can file a petition to modify an existing order, but the process is simpler if both parents agree to the modification.

Modifications are typically considered when there has been a substantial change in either parent’s life since the original order was issued. Some of the most common changes include the following:

• Substantial changes in the child’s physical or emotional needs
• The living or financial situation of the custodial parent
• Newfound evidence of child abuse or neglect
• Voluntary relinquishment of custody by the custodial parent for six months or more

To move forward with a custody modification, the petitioning parent will need to provide proof of the significant change. For example, if the parent has had to relocate to a different state for a new job opportunity, the court will need documentation that proves employment. At C. E. Schmidt & Associates PLLC, we can help you find the proper documentation that supports your situation.

Enforcing Visitation Rights

Every healthy parent-child relationship has boundaries, and it is vital to enforce your visitation rights. If you are ever denied your court-ordered visitation rights, you should file a Motion to Enforce with the family court. A Houston child custody lawyer at C. E. Schmidt & Associates PLLC can help you file this motion and explain how your visitation rights were violated and how the other parent did not comply with the original order. Be sure to document every instance of denial.

Denying your visitation rights may be part of an ongoing pattern of trying to force you out of your child’s life. If you can prove the pattern, which generally requires at least three instances, the court may find the other parent in contempt, and they may face a number of legal consequences, including:

• Hefty fines
• Community supervision
• Jail time
• Reimbursement for your expenses
• Additional parenting time awarded to you

Special Cases

Every child custody case is unique. There is no set formula that applies to all of them. Since every divorce happens for its own independent reasons, it’s reasonable to assume that your custody case will have its own reasons, too. Sometimes, unique challenges arise that require additional, special attention. An experienced lawyer can help you put together a specific kind of parenting plan that reflects your special circumstances if that applies to you.

For example, if one parent has a job that requires frequent travel, the custody arrangement may have to be considerably more flexible to accommodate that parent’s schedule. If one parent has a history of abusive behavior, supervised visitation may be needed to ensure the child’s safety if they are granted joint custody.

In situations involving children with special needs, the custody arrangement may need to make some allotments for the child’s unique requirements, such as specific medical expenses and travel needs. In cases involving child support, it may be necessary to accommodate and customize an agreement, as the custodial parent may be dealing with economic issues unique to their situation.

Why Should You Choose C. E. Schmidt & Associates PLLC?

In addition to our combined 100 years of experience practicing family law, C. E. Schmidt & Associates PLLC has a proven track record of helping families during some of their darkest and most difficult times. We focus almost entirely on divorce cases and custody battles, which allows us to provide our clients with specific legal support that they need to navigate their cases.

We can offer our clients:

• Honest feedback without any false promises
• A realistic understanding of our clients’ cases
• A personalized approach that considers every family’s unique situation
• A specific combination of legal knowledge and life experience

At our firm, we understand how difficult a custody battle can become. We know how painful and contentious a divorce can be. It can be immeasurably frustrating not to be able to spend every waking moment with your own child. Obeying a parenting plan can feel suffocating, especially if you feel like you still don’t have all the answers. We work hard to provide you with those answers.

Frequently Asked Questions

How Is Child Support Determined in Texas?

Calculating child support in Texas is done using a specific formula that includes the noncustodial parent’s income and the number of children that require support from that parent. The formula is percentage-based and begins at 20% of the net income for a single child, then increases that amount with every additional child. Additional factors, such as healthcare and educational needs, are taken into consideration as well.

Can Grandparents Seek Custody Rights in Texas?

Yes, under certain circumstances, it is possible for grandparents to seek custody rights in Texas. The family court must always do what is considered right for the child in question. Sometimes, if both parents are considered unfit to raise a child, the grandparents may be a good fit to be granted custody. In this case, the grandparents must also prove that their home will be nurturing, safe, and good for the child in question.

What is the role of a guardian ad litem in a Texas child custody case?

A guardian ad litem is a person appointed by the court to represent the best interests of the child during custody proceedings. They conduct an independent investigation—often speaking with the child, both parents, teachers, and other relevant parties—and then report their findings to the judge. Their recommendations can carry significant weight, especially in contested cases where child welfare is in question. If the court appoints a guardian ad litem in your case, we can help you understand their role and how to interact with them constructively.

Can my Texas custody order be enforced if the other parent moves to another state?

Yes. Texas child custody orders can be enforced across state lines under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law ensures that valid custody orders issued in one state are recognized and upheld in other states. If the other parent relocates and violates the existing order, we can help you take legal steps to enforce it in the new jurisdiction. This may involve registering your Texas order in the other state or requesting assistance from that state’s courts to ensure compliance.

Contact Our Firm Today for Compassionate Assistance

Dealing with the legal headaches of a custody battle on your own can get exhausting, emotional, and quite painful if you don’t know what you’re doing. Consulting with a seasoned child custody lawyer in Houston can make all the difference in your case. You will want an experienced custody lawyer to provide you with compassionate support, legal advice, and constant protection from your spouse’s legal team, who may seek to make things difficult for you.

Our legal team at C. E. Schmidt & Associates PLLC offers legal guidance to Harris County and the surrounding counties, including Montgomery County and Fort Bend. Depending on your specific situation, consulting with a Houston child custody lawyer may be the most important decision you make. Above all, you want to do what’s right for your kids, even if it requires a legal battle.

Reach out to our firm at 346-517-6906 or contact us through our online portal to speak to a valued team member who can help you with your case.