Houston TX Child Custody Attorneys
Child custody lawyers can help - custody, visitation, rights and duties
No one wants to worry about losing a child in a divorce. Divorce is a traumatic experience for everyone involved and children need to be thought of throughout the process. Everyone involved is charged with doing what is in the best interests of a child of divorce, a goal that should always be paramount. Unfortunately, when parents cannot agree, the courts are called upon to settle their disputes. In these cases, you need skilled child custody lawyer in Houston, Texas to protect your relationship with your child and provide the best future possible. In addition, after a divorce, as circumstances change, your child custody lawyer can help you modify your custody agreement to better meet the needs of your children and yourself.
There is a presumption in Texas law that joint custody is in the best interest of any child or children of a divorce. In Texas family law the presumption is that parents who are divorced or separated will be joint managing conservators and will share in the rights and duties of parenting. In some cases, joint managing conservatorship is not appropriate and a custodial parent will be appointed as the sole managing conservator.
When parents are appointed partners in parenting, child “custody” disputes mainly focus on which parent will have the right to designate the primary residence of the child. Although the court cannot restrict the residence of either parent, the court does have the authority to restrict the residence of the child to a specific geographic area. Thus, as circumstances change over time, the parties may need to resolve a dispute involving relocation.
The party who does not have the right to designate the primary residence of a child in a joint managing conservatorship, or the non-custodial parent (the “possessory conservator”) when there is a sole managing conservator, will usually have child visitation rights. This falls under the terms of what is referred to in Texas as a Standard Possession Order. These usually include provisions for visitation and provide guidelines for picking up and dropping off the children at the beginning and end of each visitation period.
As one of the more experienced child custody lawyer in Houston Texas, Richard Lybarger is able to assist you in developing a parenting plan that is workable under the circumstances of your case. The overriding concern in all cases is what is in the best interests of the child. That is always the primary concern of the court. Mr. Lybarger has the wisdom and experience to understand and appreciate your situation. He keeps safety, security, and comfort at the forefront of all his decisions. He can help you resolve all issues related to your child including custody and possession. For advice you can trust for your family in transition, do not hesitate to call the Houston family law firm of Richard Lybarger.
Enforcement and modification of court proceedings
Enforcement cases are proceedings to make sure that all parties abide by the court orders and decrees. Most often enforcement cases are brought to court in order to enforce the payment of child support or visitation. Sometimes it is necessary to file an enforcement case to make sure people abide by the property division in a divorce case. Houston family law attorney Richard Lybarger has experience helping clients successfully enforce court orders.
Modification cases are filed when the circumstances affecting children, the parents, or others affected by a court order, change. Sometimes an order for primary residence that was appropriate at the time it was agreed to, or decided by the court, is no longer appropriate and should be changed. The same can be true regarding the right to make decisions regarding children or with regard to visitation.
As the circumstances of the parties involved change, it may be necessary to make a modification in order to better meet the needs of the children and address the circumstances of the parents. As financial circumstances change it may be necessary to change the amount of child support, or the way medical support is provided for children. Mr. Lybarger has handled many modification cases and is ready to assist you when new situations arise and you need sound family law legal advice. Houston, TX child custody attorneys such as Mr. Lybarger act as strong advocates and can help you achieve a positive outcome for you and your children, all the while keeping the safety, security, and comfort of everyone involved in mind.
Protective orders/family violence/dating violence
Family violence is defined as an act or threat by one member of a household, or family, against another. There is a statute that declares there must be an intention to harm another member of the household or put him or her in fear of immediate physical harm. This harm includes physical as well as sexual assault.
With respect to a child, family violence includes many different forms of abuse. These are determined by the Texas Family Code and are not limited to physical welfare.
Finally, family violence may also include dating violence if it meets the definition as set out in the Texas Family Code.
If the court finds that family violence has occurred and is likely to occur again in the future, it will render a protective order. A protective order is a court order issued to protect victims of family violence and dating violence and may limit the contact between parties. If a person violates a protective order that person can be arrested and may be subject to criminal prosecution.
In emergency situations and when family violence occurs, call 911 for immediate assistance from your local law enforcement agency. If you or your child or children have been the victim of family violence, Mr. Lybarger can assist you in obtaining a protective order. Contact Houston family law attorney Richard Lybarger immediately to discuss taking the first step toward obtaining legal protection against family violence or dating violence. The safety, security, and comfort of all parties involved is paramount.
Suit Affecting the Parent-Child Relationship (SAPCR)
In Texas, a legal case concerning a child is referred to as a “Suit Affecting the Parent-Child Relationship” (SAPCR). Such a suit is specifically defined as "a suit in which the appointment of a managing conservator, or a possessory conservator, access to or support of a child, or establishment or termination of the parent-child relationship is requested." Whenever someone files a suit for divorce and the parties have one of more children together, the divorce case will automatically include a SAPCR.
Complexities develop when an original SAPCR has been filed and has resulted in a final order being entered. In that case, the SAPCR should be transferred to the Texas county where the divorce is pending. There are times when filing a separate modification case may be necessary if the terms of an existing final order in a SAPCR, entered prior to the divorce, need to be changed.
If the parents are not married or are separated, it may be possible to file what is referred to as an original SAPCR. An original SAPCR is commonly filed when parties who are not married have a child and it is necessary to determine and establish parentage of a child.
In a SAPCR, the court will determine conservatorship, allocate parental rights and duties between the parents, establish appropriate orders for the noncustodial parents to have visits with the child, and make appropriate provisions for child support and medical support. Certain cases, such as in situations where abuse is present, may require outside intervention from responsible agencies like Child Protective Services (CPS).
Retaining the services of a child custody lawyer early in the process will help you address the difficult legal and emotional concerns associated with child custody disputes. Mr. Lybarger is able to provide guidance as you work to resolve difficult issues regarding your child or children.
Houston TX child custody lawyers & paternity cases - Experience counts
Paternity cases are considered Suits Affecting the Parent-Child Relationship, but they have the added dimension of establishing the legal relationship of parent by determining the biologcal link between father and child. Paternity cases can involve parents who are not married or arise in divorce cases where there is a question of fidelity.
Richard Lybarger has handled numerous cases such as these. As a Houston divorce attorney, Mr. Lybarger has the skills and experience to assist both fathers and mothers in all types of paternity disputes. He counsels mothers and potential fathers on their rights under Texas paternity laws,
Consulting an experienced paternity lawyer is essential to ensuring that your interests are protected. Once parentage is established, custodial rights and duties, including child support, can be established.
Attorney General cases
In Texas, the Office of the Attorney General is the agency that has the responsibility to establish and enforce child support orders (Title IV-D of the Social Security Act). This includes cases where one party lives outside Texas. Interstate support adds another dimension of complexity to cases filed for the purpose of establishing or enforcing support orders.
The Office of the Attorney General becomes involved when a party requests services or when public assistance has been provided. When public assistance has been provided to meet the needs of a child, the application for public assistance is an automatic assignment of benefits to the State of Texas.
If state funds are involved, the Office of the Texas Attorney General will seek to recover state funds used to meet the needs of the child. It is important for people to understand that when the Office of the Attorney General is involved, the Office of the Attorney General only represents the State of Texas. Furthermore, we do not believe the Office of the Attorney General is properly equipped to address complex issues that may arise in a Suit Affecting the Parent-Child Relationship such as conservatorship, allocation of parental rights and duties, visitation, and support.
In most cases involving the Office of the Attorney General, it is beneficial for a party to be represented by his or her own attorney. Mr. Lybarger is a skilled and experienced family law attorney in Houston who can assist you in resolving cases in which the Texas Attorney General is involved.
Grandparents’ rights
Under Texas law, grandparents may be able to seek visitation rights with their grandchildren. In some cases, grandparents may also be able to seek custody of their grandchildren or to adopt their grandchildren. This can be a consensual act where all parties involved agree to the transfer of parental rights. However, grandparents often become involved in situations when grandchildren have been taken from their parents by Children’s Protective Services. Mr. Lybarger handles all types of grandparent adoptions, consensual or otherwise. To discuss the specifics of your situation, contact Houston child custody lawyer Richard Lybarger.
Termination of parental rights
Sadly, on occasion, it is necessary to terminate a parent’s legal relationship with their child. Termination of parental rights is final and irrevocable and should not be done without careful consideration. However, termination cases typically arise when a child has been removed from one or both parents by Children’s Protective Services due to abuse or neglect and is involuntary. Termination cases also arise when the child is to be adopted, including step-parent adoptions.
Houston divorce lawyer Richard Lybarger is an experienced child custody lawyer who is able to assist in regard to cases where parental rights may be terminated. This includes voluntary and involuntary termination.
Houston, TX child custody lawyers - Contact a compassionate lawyer
Lybarger Law Firm is available to help you navigate confidently through all aspects of divorce in Texas and can provide you with the compassionate and personalized legal care you need. For the best results for your child and your family, seek out experienced Houston, TX child custody attorneys. Contact Lybarger Law Firm to speak to Richard Lybarger, one of the most caring and dependable Houston, TX child custody lawyers. Richard Lybarger pledges to keep your best interests and those of your family in mind.
