New Braunfels Child Custody Lawyer

Skilled Child Custody Attorney Handling Conservatorship, Visitation, and Modifications in New Braunfels, TX

For many parents, the most important issues addressed during a divorce or family law case will be related to their relationships with their children. Questions about where children will sleep on school nights, who will choose the pediatricians who will provide treatment for children, and how holidays will be shared may need to be answered. Family courts will put orders in place that will address conservatorship and possession, and the decisions made in these cases can impact a family for years.

The attorney at Hill Family Law, PLLC represents mothers and fathers in child custody cases, helping them advocate for solutions that will provide for their children's best interests. Because of his extensive experience in these cases and his strong skills in negotiation and litigation, clients can rest assured that they will have someone on their side fighting to protect their parental rights.

How Legal Custody Is Handled in Texas

Courts in Texas use the term "conservatorship" to describe a parent's rights and duties to make decisions for their child. In many cases, parents will be able to serve as joint managing conservators for their children, giving them both rights to make decisions. In others, one parent may be named as the sole managing conservator of their children.

When addressing matters related to conservatorship, courts will decide who will have specific rights related to issues such as:

• Primary Residence: One parent will usually have the right to decide where their child will live most of the time. However, to ensure that the other parent will be able to spend time with children on a regular basis, the child's primary residence may be restricted to a specific county and the surrounding counties.
• Medical Decisions: One or both parents may have the right to consent to medical, dental, and surgical treatment for children.
• Mental Health Care: One or both parents may have the right to consent to psychological and/or psychiatric treatment.
• Education: Parents may share the right to make decisions about children's schooling, including where they will enroll in school, whether private school attendance will be appropriate, or whether tutoring may be needed.

Physical Custody, Possession, and Access

What many people call physical custody is known in Texas as "possession and access." This refers to the schedule that determines when children will stay with each parent. The Standard Possession Order is presumed to be in the child's best interest. During the school year, it gives the parent with possession rights the first, third, and fifth weekends of each month and Thursday evenings, with holidays and summer divided as the statute provides. When the parents live within 50 miles of each other, the court generally orders the expanded version unless that parent elects otherwise or the court finds it is not in the child's best interest. A separate schedule applies when the parents live more than 100 miles apart. Every family's order is different. If you have a court order, its terms control.

In addition to regular possession and access on weekdays and weekends during the school year, parents will need to determine when children will stay with each parent on other days, such as school vacations during the summer and winter, spring break, holidays, or important days like the birthdays of different family members. Our lawyer works with clients to help establish agreements that will meet their families' needs.

Modifying a Child Custody Order

As children grow, a family's circumstances can change. Some of these changes may lead parents to ask for modifications to the child custody arrangements that have been put in place. The standard is a material and substantial change in circumstances since the prior order, and the requested modification must be in the child's best interest. Examples may include a parent's decision to move to another city, a significant change in a parent's work schedule, concerns about the safety of children due to a parent's substance use, or changes to children's educational or medical needs.

A parent requesting a child custody modification must present evidence of a material and substantial change and show that the requested modification is in the child's best interest. A child age 12 or older may tell the judge, in chambers, which parent the child prefers to have the right to designate the primary residence. That preference can support a modification, but the court still decides based on the child's best interest.

Enforcing Child Custody Orders

Violations of orders related to conservatorship or possession and access can have a negative effect on children. When one parent refuses to turn their children over to the other parent for scheduled visits, has repeatedly been late when picking up or dropping off children, or has violated a child custody order in another way, the other parent can ask the court to enforce that parent's legal obligations.

A parent may keep a written log of the other parent's violations. They may save text messages or other forms of communication and gather other information demonstrating that the other parent has failed to follow a child custody order. This information may be used as evidence when presenting a case for enforcement.

Depending on the circumstances of a case, a court may order a parent to follow a child custody order or use other measures to ensure that children are exchanged at the right times and places. If a parent has repeatedly violated an order, the court may decide to hold them in contempt, which could result in fines, possible jail time, or other penalties. If necessary, the court may award additional periods of possession to a parent to make up for time with their children that was denied.

Contact Our New Braunfels, Texas Child Custody Attorney

After a divorce or separation, the child custody orders put in place in court can affect your daily life with your children and your ability to be involved in raising them. Whether you are taking steps to create a child custody order, asking for changes, or trying to enforce the court's orders, the attorney at Hill Family Law, PLLC can provide the legal help you need to protect your children's best interests. Contact our New Braunfels, TX legal and physical custody lawyer at 830-229-2129 to set up a free consultation.