Understanding Child Custody Services in Houston: A Guide to Conservatorship

What Does It Mean to Have Child Custody?

People use the word "conservatorship" to talk about Child Custody Services houston. Conservatorship lets you make decisions for a child, like where they will live and other things. Their health, education, and upbringing. Conservatorship is usually not about how much time one person spends with a child. Instead, it talks about the rights, duties, and powers that come with being a parent.

Types of Conservatorship

Joint managing conservatorship means that two people share custody, while sole managing conservatorship means that one person has full custody. Two people may not have the same rights even if they are both managing conservators. For instance, one person may get to spend more time with the child in person, and that person's home may be the child's main home.

What Is "Access and Possession"?

In Texas, visitation is called "access and possession." It is often given to a person who has joint managing conservatorship but does not live with the child. This person is called a "possessory conservator." Texas law says that there is a Standard Possession Order for visits.

Who Can Ask for Child Custody Services houston?

Only people who have a legal interest in a child can ask for custody of that child. In general, the people listed below can apply:

A parent of the child;

The child (through a court-approved representative);

Someone who cares for or protects the child;

A government body or another authorized organization;

A man who says he is the child's father;

A relative, foster parent, or other third party who also meets other requirements.

If the child and each living parent are no longer legally responsible for each other, the following people cannot start a new child custody case:

A biological father;

A former parent;

A family member of the former parent.

How Do I Get Child Custody Services Houston?

In Houston, there are three main ways to ask for Child Custody Services houston:

If you are married to the child's other parent, you can file for divorce

Filing a Suit Affecting the Parent-Child Relationship (SAPCR) if you are not married to the child's other parent but you know who the father is; or

If you aren't married to the other parent of the child and paternity hasn't been proven, you can file a paternity case.

Can People Work Out a Child Custody Services Houston Agreement on Their Own?

Yes, but only if the court says so. Family courts want people to make their own custody agreements whenever they can. A court will usually approve an agreement if it meets certain legal standards. In a lot of cases, agreements are the quickest and cheapest way to get child custody orders.

What Happens If No Deal Is Made?

If two people can't agree on Child Custody Services Houston, a judge will hold a hearing to decide who gets to keep the child.

A judge may tell the people involved in a case to go to mediation before the case is heard. If the people involved in mediation come to an agreement, the court will usually make that agreement a permanent Child Custody Services Houston order.

A judge may also order a social study to get an unbiased opinion from a trained professional when deciding who gets custody. An evaluator will talk to parents, kids, and other people as part of the study. They will also look at records from the school, the doctor, and other agencies. Within 90 days, the evaluator will write a report that includes a recommendation about conservatorship, access, and possession. The judge will look at the report during the custody hearing.

What Does a Judge Look at During a Hearing?

When a judge Child Custody Services Houston orders, they have a lot of freedom. A judge's main job is to think about what's best for the child.

According to Texas law, a child has the right to see both parents often and regularly. A judge will usually give both parents joint managing conservatorship unless he or she thinks that doing so will hurt the child's physical and emotional health. For instance, if one parent is abusing the child or is addicted to drugs or alcohol, a court may give that parent sole managing conservatorship. The law also says that the judge can't favor one parent over the other just because of their gender.

What the child wants; any medical, physical, or emotional needs that are unique to the child;

 If the party has done activities outside of school with the child;

 The work schedules of both parents;

 If one parent has been the child's main caregiver before;

 The parenting skills of each party; the stability of each parent's home; and whether one parent encourages a friendly parenting environment with the other parent.

What If I'm Afraid My Child Will Get Hurt Right Away?

You can ask for temporary emergency orders, also known as "ex parte" orders, if you think your child is in danger right now. It is very hard to get these orders. But you can ask for ex parte orders if someone is illegally keeping your child or your child is in danger of being abused. If you ask for temporary emergency orders, the judge may give you a hearing to see if the orders are needed.

What Steps Do I Need to Take to Change a Child Custody Services Houston Order?

If you want to change an existing custody order, you need to file a motion with the court to change conservatorship or possession and access. You usually have to wait at least a year from the date of the original order before asking for a change, unless there is an emergency. You usually need to show that the new order would be better for the child and that things have changed a lot since the last order was made in order to get a change.