Texas Child Custody Attorney
Practice Areas
Child custody disputes are often the most emotionally charged and complex cases family lawyers take on. Whether you're entering a child custody agreement or needing to modify an existing one, having the right legal support is essential.
Attorney Lisa M. Potter at The Okoh-Brown Law Group, PLLC offers knowledgeable guidance on Texas child conservatorship laws and aggressive representation in and out of the courtroom. With her extensive experience handling family law cases, she can help you navigate the legal process and protect your children's future.
Lisa understands the importance of securing a nurturing environment for your children and will fight with everything she has to secure an outcome that reflects your children's best interests.
Her Houston-based family law firm provides personalized and effective legal representation for families throughout Texas, including Dallas, Fort Worth, San Antonio, El Paso, and beyond. Contact her today to schedule a time to discuss your child custody matter.
An Intro to Texas Child Custody Laws
Every child custody case is unique, which is why Lisa develops customized legal strategies to meet the specific needs and circumstances of each family. However, understanding some Texas child custody law fundamentals can help you approach the process with a clearer understanding of what to expect.
Types of Custody in Texas
Texas law refers to child custody as child conservatorship, but you'll still hear the term "custody" throughout your proceedings as it's what most people are familiar with. The state recognizes several types of custody, including:
Joint managing conservatorship: Both parents share the rights and responsibilities of raising their child, though one parent may be designated as the primary custodial parent.
Sole managing conservatorship: One parent is granted the primary rights and responsibilities, while the other typically receives visitation rights. This is typically granted in cases where one parent has a history of neglect, abuse, or violence.
Possessory conservatorship: This type of custody allows a non-custodial parent to have visitation rights and spend time with their child. It does not grant the same rights and responsibilities as managing conservatorship.
The primary consideration in any custody decision is the child’s best interest, which requires the court to examine factors including but not limited to:
The child's age and preferences (if they are of a certain age)
Each parent's involvement in the child's daily life
The stability of each parent's home environment
Any history of domestic violence, substance abuse, or neglect
The ability of each parent to support the child's emotional and developmental needs
Protect What Matters Most
Modifications to Custody Agreements
Custody agreements are not set in stone. To request a modification to an existing custody agreement in Texas, a parent must file a petition with the court. This petition typically needs to demonstrate that there has been a significant change in circumstances since the original order was established.
Significant changes can include:
A parent's relocation
Changes in the child's needs
Alterations in a parent's lifestyle
Evidence of neglect or abuse
The court will require that the proposed modification is in the child's best interest. This means that the parent requesting the change must provide compelling evidence to support their claim. The process usually begins with filing a formal modification petition, which outlines the changes being requested and the reasons for the change.
Once the petition is filed, the other parent must be served with the documentation and given the opportunity to respond. Both parties may need to attend mediation to attempt to resolve the dispute amicably. If an agreement cannot be reached through mediation, the case will proceed to a court hearing where a judge will make a final decision based on the evidence presented by both parties.
It’s crucial to have legal representation during this process to ensure that your case is effectively communicated and to increase the likelihood of a favorable outcome.
When Your Co-Parent Isn't Following the Custody Agreement
In situations where a parent fails to comply with the custody order, enforcement actions may be necessary, including filing a motion for enforcement with the court. This motion typically details the specific violations of the custody order and requests that the court take steps to enforce compliance.
The court may impose various penalties on the non-compliant parent, such as fines, changes to visitation schedules, or in extreme cases, jail time. The court may also order compensatory visitation, which allows the compliant parent to make up for lost time with the child.
As the compliant parent, it's essential for you to document all instances of non-compliance as meticulously as possible, as this evidence will be crucial in court. Consulting with a qualified attorney can ensure you navigate this process effectively and protect your rights and those of your child. Contact Lisa today to enlist experienced representation and discuss your options for addressing a non-compliant co-parent.
Compassionate and Skilled Representation for Your Child Custody Case
Lisa approaches each child custody case with a committed and empathetic stance, understanding the profound impact these decisions have on families. Whether you're dealing with a high-conflict custody battle or seeking an amicable negotiation, Lisa’s dedication to your best interests ensures that your parenting rights are upheld and that your children are placed at the heart of the resolution.
Her firm also offers flexible payment plans to make top-notch legal services accessible for every family. If you're in the midst of a child custody dispute or seeking to modify an existing agreement, contact The Okoh-Brown Law Group, PLLC today to schedule a consultation.
Child Custody Attorney Serving Clients Across Texas
Ensuring the well-being and stability of your children is paramount, which is why you need to have an adept child custody attorney who can advocate for your family’s best interests. Contact The Okoh-Brown Law Group, PLLC today to take the first step toward a secure and stable future for your children. While based in Houston, Lisa serves clients throughout Texas, including Dallas, Fort Worth, San Antonio, El Paso, and more.