Fighting for custody rights in Texas? Our concise guide is your starting point for understanding family law cases in the state. Arm yourself with key information and tips to effectively approach your custody case. Start your research here for a better grasp on your legal journey.
Navigating Custody Battles: Insights from a Grandparents’ Struggle
In Northeast Texas, a heartwarming yet challenging tale unfolded. Two grandparents, emblematic of kindness, sought our help for gaining conservatorship of their teenage grandchildren. Tragically, the children’s parents were entangled in legal troubles – the father imprisoned and the mother soon to follow.
Despite possessing a compelling case, the road to conservatorship was not straightforward. The mother, estranged from the grandparents, had ceased contact between them and the grandchildren. Our initial counsel was disheartening – their chances appeared slim. Yet, we explored alternate routes, starting with securing visitation rights. Through mediation, we achieved monthly visits, a significant victory considering the circumstances.
As the case evolved, the mother faced a lengthy prison sentence. In a turn of events, she conceded primary conservatorship to the grandparents. Our team expedited the legal formalities, bringing immense relief and joy to our clients.
This story is not just a recount of a legal battle; it serves as a beacon of hope and a guide for those in similar situations. It emphasizes the importance of understanding the complexities of conservatorship and remaining adaptive throughout the legal process. For those seeking to protect and care for young ones in their lives, this narrative offers both inspiration and practical insights.
Disputes Over Conservatorship? Expect These Steps in a Sapcr Case
If you are involved in a child custody case in which conservatorship is at issue you can expect that the court will need outside assistance in playing tiebreaker. Determining what is in the best interest of the child you are filing your case overtakes more than just a judge’s perspective.
A social study is when a court orders an investigation into the circumstances and home life of the parents or other party to the SAPCR, as well as the child. A social worker typically runs the social study and conducts interviews of the child, you and any other party to the case.
The investigators will submit a synopsis of their investigation and recommendations to the court at the conclusion of the investigation. They typically outline their opinion on the best living situation for the child and a prospective visitation schedule in the report to the judge.
Ad Litems and Amicus Attorneys
When start to throw around terms like “ad litem” and “amicus” it is probably time to slow down in order to explain what those terms mean. An Amicus attorney is an attorney that the judge in your case will appoint in order to represent the child’s interests. You may be thinking at this point that you’re the parent of the child- don’t you have the child’s best interests at heart?
On some level, the answer to your question is an emphatic, yes. On another, your interests in your SAPCR case may diverge somewhat from that of your child. As a result, an amicus attorney will investigate the circumstances and facts of your case to determine what is in your child’s best interests.
The Amicus attorney can make arguments to the judge in hearings and other proceedings, just as your attorney would. The amicus lawyer will interview people and parties relevant to your case just as the social worker will in a social study.
An Attorney Ad Litem functions as a representative appointed by the judge to represent the desires of your child, where appropriate. The ad litem represents your child just as your attorney represents you, so the rules of attorney-client privilege apply. In many ways, the Ad Litem attorney serves a similar capacity as the Amicus attorney. One way that these two attorneys are similar is that the attorney ad litem is able to make arguments in court proceedings just as any other attorney is able to.
Prohibitions on “Adult Activities”
If you plan to file a SAPCR in an effort to win conservatorship rights over a child prepare to have the court control your behavior to a certain extent. For instance, if you make allegations about the child’s other parent that he or she is using and abusing illegal drugs you may be able to win a ruling from the judge to have that person drug tested.
The flip side involves joint and mutual drug testing. If the court tests one parent, it will also test the other. You and the other party will share the testing costs based on your respective incomes. After receiving the test results, the judge will decide whether to order additional, random tests based on their assessment.
Another restriction you might face is a temporary ban on overnight stays with an unrelated adult while your case is pending. Specifically, from 6:00 p.m. to 6:00 a.m., you cannot have an unrelated adult in your home when you have custody of your child.
In your case, the judge prioritizes your child’s stability and well-being. To protect these, the judge may limit the introduction of outside persons into your child’s life through such orders.
When Does Your Child Get To “Choose” Where He or She Lives?
Parents often enter custody discussions with a belief that their child’s preference will easily sway the judge. In Texas, children over 12 can express their living preference to the judge in a Suit Affecting the Parent-Child Relationship (SAPCR). While this might seem advantageous for the preferred parent, it’s not a decisive factor.
Children, regardless of age, can be fickle in their choices. Judges are aware of this and don’t consider a child’s preference as a conclusive argument. Furthermore, involving children in custody disputes can emotionally strain them and both parents.
Judges, not being social workers or therapists, keep conversations with children brief and focused. They primarily inquire about home life with each parent and the child’s schooling. Expecting a judge to be deeply influenced by a child’s testimony is unrealistic. Parents should understand that while a child’s voice matters, it’s just one of many considerations in the complex process of custody determination.
The Law Office of Bryan Fagan, PLLC
In the meantime, if you have questions about anything you read today please contact the attorneys with the Law Office of Bryan Fagan, PLLC.
One of our licensed family law attorneys would be happy to work with you to set up a time to meet with you for a free of charge consultation where your questions can be answered.
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
