Child Custody Attorneys in The Woodlands

Experienced Legal Counsel Protecting Your Child’s Best Interests

Child custody is a sensitive subject because it has the potential to be both emotionally and financially draining. Because of this, it is critical that you work with an experienced child custody lawyer, someone who will give you sound legal counsel and guide you through the full range of possible child custody issues, including:

A child custody lawyer at Bolton Law takes the time to understand our clients’ situations and concerns so we can work with you to develop a sensible, workable plan. Our family law attorneys are soft enough to care and tough enough to take on challenging cases and win.

Understanding Child Custody in The Woodlands, Texas

What Is Child Custody?

Child custody refers to the legal and physical rights parents have concerning their children. When parents separate or divorce, a child custody attorney can help navigate the process of establishing a formal custody arrangement, which can include both legal custody (decision-making) and physical custody (where the child lives).

In The Woodlands, Texas, courts prioritize the best interests of the child when making custody decisions. Your child custody lawyer at Bolton Law will advocate for arrangements that ensure stability, security, and a loving relationship between you and your child.

Are There Different Types of Child Custody Agreements?

In a nutshell, legal custody refers to a parent's right to make decisions regarding the child’s medical needs, as well as their cultural, educational, and religious upbringing. Physical custody, on the other hand, refers to possession and access.

In Texas, things are a little different. That is according to the Texas Family Code, which uses unconventional terms to describe legal and physical custody. First, the term "custody" itself is referred to as conservatorship in Texas.

So, rather than using the terms “legal custody” and “physical custody,” Texas law uses the terms “managing conservatorship” and “possessory conservatorship” instead.

Don’t get it twisted, though. While these terms are exclusive to Texas, the basic concepts are pretty similar to the more conventional terms.

Managing Conservatorship (Legal Custody)

Legal custody, or managing conservatorship as Texans would prefer to call it, refers to the role of a parent in making all important decisions about the child’s life, such as how the child will be raised, where they will get an education, the religion they will practice, the medication or treatment they will receive, and the activities they will partake in.

According to Texas laws, there needs to be input from both parents when making critical decisions regarding the child’s life. But, if the court finds that joint managing conservatorship is not in the best interest of the child, it can award the conservatorship to one parent.

This usually happens when the decision-making ability of one of the parents has been compromised. You might see this in situations where there is a history of child abuse, domestic violence, or instances of untreated drug or alcohol abuse.

Possessory Conservatorship (Physical Custody)

Texas law gives parents a lot of leeway when it comes to possessory conservatorship or physical custody. Parents have the freedom to set the terms under which the child will live with each parent and when the parent with whom the child isn’t living can spend time with the child. If the parents can’t agree on a schedule, the law provides a standard possession order that details how much time each parent will have with the child. The details of the possession order are contingent on how far the parents live from each other. Additionally, the standard possession order does not apply to children under three years of age. Bear in mind that a joint managing conservatorship doesn’t automatically mean the parents will have equal or almost equal possessory time with (or access to) the child. If the court feels the standard possession order isn’t suitable in a certain case, it can modify the terms. Judges can put constraints on possession orders if they believe it’s for the child’s or parent’s safety or well-being. For instance, the court can restrict a parent from drinking alcohol prior to and when spending time with the child.

Sole Custody

Under Texas child custody laws, sole custody is a provision where one parent is granted exclusive rights and responsibilities for a child. In a child custody case, the decision to award sole custody often arises when it’s deemed in the child’s best interest, particularly if factors like substance abuse by the other parent are evident. In such situations, the child lives primarily with the custodial parent, ensuring their safety and well-being.

How Does Texas Family Court Determine Child Custody Issues?

When making decisions in any child custody dispute, the best interest of the child is crucial. In Texas, the law specifically states that family courts need to consider the best interest of the child when determining possession of and access to the child and conservatorship.

Courts in Texas consider the following factors in custody decisions:

• The child’s wishes
• The child’s current and future emotional and physical needs
• Any immediate and future emotional and physical danger to the child
• Each parent’s parental abilities
• The custody programs available to assist parents who want to contribute to the best interests of their child
• Each parent’s plan for their child
• The stability of the home
• Any actions or inactions that may indicate that the parents don’t have the capacity for a proper parent-child relationship, and
• Any justifications the parents may have for those actions and inactions.

The term “the best interest of the child” doesn’t necessarily mean the child’s preference is irrevocable in court. Apart from certain circumstances, the court will have the final say on which parent will live with the child, or whether the child can spend time with a parent until the child turns 18.

At Bolton Law, we can help you get a favorable verdict. Our child custody lawyers can pursue actions to ensure you get custody of your child. We can also help you get an existing order modified if your family’s circumstances change.

Unfit Parents

If a judge establishes that a parent is unfit to be left alone with a child, they can supply a supervised possession order. This order allows the parent to be around the child only when there is a third party present. Be advised that wrongfully denying access to a child in violation of a court order can land you in trouble. If your spouse is refusing to abide by a court order about custody, our attorneys can help you file a motion for enforcement.

Custody and Parenting Time

Parenting time refers to the schedule that defines the time each parent spends with the child. A child custody lawyer at Bolton Law will help you negotiate a fair parenting time arrangement that promotes your child’s emotional well-being and ensures both parents are actively involved in their child’s life.

Common Child Custody Issues We Handle

Our firm handles a broad range of child custody issues, providing knowledgeable legal counsel and representation to parents in The Woodlands, Texas. Our child custody attorneys have extensive experience handling complex cases, ensuring the best interests of the child are always prioritized. Here are some of the common child custody matters we assist with:

Visitation and Parenting Time

We help parents establish fair visitation schedules that promote the child’s emotional well-being and ensure both parents remain actively involved in their child’s life. Our child custody lawyers work to ensure that both parents have meaningful time with their children.

Relocation and Custody Modifications

If a parent is seeking to relocate or if circumstances have changed, such as a significant shift in the child’s needs, our team is here to assist with modifying an existing custody order. We represent parents seeking changes to their custody arrangements when relocation or other factors come into play.

Child Support and Custody

In cases where custody and child support overlap, our child custody attorneys at Bolton Law ensure that both child support obligations and custody agreements are handled fairly, advocating for your child’s best interests.

Custody Disputes in Unmarried Couples

Unmarried parents may face unique challenges when it comes to custody and visitation rights. Bolton Law provides strong representation for unmarried parents, helping to establish clear and fair custody arrangements.

Substance Abuse and Domestic Violence

When issues like substance abuse or domestic violence affect a child custody case, our child custody lawyers advocate for your child’s safety and well-being. We ensure that your child’s best interests are safeguarded, especially in cases of abuse or neglect.

Parental Alienation

We help parents dealing with parental alienation, where one parent may attempt to manipulate the child against the other. Our legal team fights to preserve the child’s relationship with both parents and ensures fair custody outcomes.

Grandparents’ Rights

In situations where grandparents seek custody or visitation rights, Bolton Law provides representation to protect the relationship between grandparents and their grandchildren. We navigate the legal process to ensure grandparents’ rights are respected in custody disputes.

Initial Custody Agreements

We assist in drafting initial custody agreements that are fair, equitable, and focused on the best interests of your child. Our child custody attorneys create workable arrangements that benefit both parents and children.

Enforcing Custody Orders

If the other parent is not following the custody agreement, we help enforce the court order. We are prepared to ensure your parental rights are respected and that the existing custody arrangement is upheld.

Our child custody lawyers offer comprehensive services to handle every aspect of child custody disputes and agreements, ensuring the best possible outcome for you and your family in The Woodlands, Texas. Whether you’re establishing custody for the first time or dealing with a modification, relocation, or enforcement, we’re here to support you through the process.

Our Child Custody Process: A Step-by-Step Guide

Initial Consultation

The first step is to meet with one of our child custody lawyers at Bolton Law for a free consultation. During this meeting, we will discuss your situation, explain your options, and help you understand how the process works.

Investigation and Preparation

We will gather the necessary information and documents, such as school records, medical history, and testimonies from witnesses, to build a solid case for your custody arrangement.

Mediation and Negotiation

We aim to resolve custody matters without the need for litigation. Our child custody attorneys at Bolton Law will assist with mediation, where both parents can negotiate a parenting plan. If an agreement is reached, we will ensure it is legally binding.

Court Representation

If mediation is not successful, we will advocate for you in court. Our team will present evidence, argue your case, and fight for the custody arrangement that best serves your child’s needs.

About Bolton Law: Your Trusted Child Custody Lawyer

We pride ourselves on providing top-tier legal representation in child custody cases in The Woodlands, Texas. Our firm’s mission is simple: to help parents navigate the complexities of family law with compassion, integrity, and dedication.

With years of experience, we have become one of the leading child custody lawyers in The Woodlands, offering personalized legal solutions that prioritize the well-being of your child and the best possible outcome for your family.

Why Choose Us for Your Child Custody Case?

Choosing a child custody attorney is one of the most important decisions you’ll make when it comes to ensuring your child’s best interests. At Bolton Law, we bring a wealth of knowledge and a personalized approach to every case. Here are some reasons why families in The Woodlands trust us with their child custody matters:

Experienced Child Custody Lawyers

At Bolton Law, we have handled a wide range of child custody cases throughout The Woodlands, Texas, and the surrounding areas. From initial custody arrangements to complex custody modifications, our child custody attorneys bring years of experience and a proven track record to the table. We understand the sensitive nature of these cases and are committed to fighting for the best outcome for your child and your family.

Compassionate Legal Support

Our team knows that child custody disputes can be some of the most emotionally challenging experiences of your life. That’s why we offer not just legal knowledge, but also emotional support during the process. We approach every case with empathy and understanding, ensuring you feel confident and supported throughout the entire process.

Can We Create a Child Custody Plan Without the Court’s Involvement in Texas?

In Texas, a child custody plan is known as a parenting plan. This document outlines the procedures for addressing disputes involving children, such as child support, possession, and conservatorship, following a family law case.

If you and your spouse have decided to end your relationship, it’s essential that you develop a child custody plan instead of letting the court decide what’s best for your family. A good child custody plan will center around what’s in the best interest of your child and will help to set the tone for a more positive post-divorce relationship.

Instead of letting the court decide what’s best for your family, you need to go the extra mile to make mutual parenting plans with your partner. A good child custody plan will help set the tone for a good post-divorce relationship. You and your ex-partner can discuss the primary challenges that you will endure. A nicely written parenting agreement outlines the schedule including the responsibilities of each parent in the children’s upbringing.

Some parents may have a shared custody agreement that lets the child have frequent contact with each parent half of the time. Other parenting plans may limit one parent’s contact to weekends and maybe an overnight or mid-week visit.

When parents mutually agree on a parenting plan, there are far fewer conflicts and misunderstandings. While you don’t need to involve the court in the creation of the plan, the court will need to verify that the parenting plan meets the standard of what is in the best interest of the child.

Of course, you never want to sign any legal documents without your child custody lawyer present. Bolton Law attorneys are experienced in child custody matters and can help you develop a parenting plan that works for both parents, prioritizing the child's needs.