Addressing Safety Concerns in Texas Family Law Cases: A Must-Read Blog Post

Navigating the complexities of family law in Texas can be challenging. This is true especially when concerns for your child’s safety come into play. At the Law Office of Bryan Fagan, PLLC, we understand that your child’s well-being is your utmost priority. We are here to provide guidance on how to ensure their safety throughout the legal process.

In this comprehensive article, we’ll address various safety issues that are relevant to family law cases in Texas. This includes child custody, visitation, and child support. Let’s delve into the steps you can take if you’re concerned about your child’s safety. We’ll also address situations where there’s a conflict between a court order and your worries, as well as the implications of protective orders on visitation agreements. Additionally, we’ll provide insights into seeking legal representation and protecting your grandchild’s safety. We prioritize your child’s safety and are committed to helping you navigate the legal system while ensuring their best interests.

Understanding the Importance of Safety in Family Law Cases

In Texas family law matters, it’s crucial to prioritize your child’s safety and well-being. Family law cases are centered around making decisions that ensure your child’s best interests are protected, allowing them to thrive in their young lives while staying safe.

In family law cases, judges focus on the best interests of the child, aiming to create outcomes that provide a safe and nurturing environment. These cases encompass various aspects, such as divorce, child custody, visitation, and child support. All parties involved must understand the critical role safety plays in these proceedings.

Balancing Court Orders and Child Safety

The Law Office of Bryan Fagan emphasizes the need  to adhere to a court order that mandates your child’s visitation with their other parent, unless a judge modifies it. Violating such an order can result in being held in contempt. It can potentially lead to fines, attorney’s fees, or even jail time in extreme cases.

Your first option should be to communicate with your child’s other parent. Express your concerns and try to resolve any issues or boundaries that might make you hesitant. Sometimes, an open dialogue can alleviate worries, and you can establish a safer environment for your child.

However, if you genuinely believe that allowing your child to visit the other parent poses an immediate danger, your child’s safety should always be the top priority. In such cases, do not hesitate to call 9-1-1 or Child Protective Services to address the immediate threat. Your child’s well-being should never be compromised, even in the face of court orders.

Dealing with a Threatening Ex-Spouse or Their Partner

You may face a complex situation if your ex-spouse or their new partner poses a threat to your child’s safety. In such cases, immediate danger should prompt a call to 9-1-1 or Child Protective Services. However, for less urgent concerns, consider discussing the matter with your child’s other parent. The Law Office of Bryan Fagan highly suggests focusing on your child’s well-being rather than making it a personal battle.

Open and constructive communication can sometimes lead to positive outcomes. Share your concerns, set boundaries, and seek assurances that your child will be safe during visitation. While disagreements are common, emphasizing your child’s safety can help both parties find common ground and ensure a safer environment for your child.

Remember that your ex-spouse also wants your child to be safe and well-cared for. If you have valid concerns or if your child reports troubling behavior by their new partner, it’s crucial to relay this information to your child’s other parent. This shared responsibility for your child’s safety can lead to appropriate actions being taken without involving the legal system.

Protective Orders and Their Impact on Visitation

If you obtain a valid protective order related to visitation, it takes precedence over standard family court orders. Still, if the protective order expires, the court order becomes effective again. Keep in mind that a judge must consider any past protective orders issued in the last two years when deciding on child custody and visitation.

Protective orders provide an added layer of security for you and your child. They are essential tools when dealing with situations where safety concerns are prevalent. These orders can limit or prevent the other parent’s visitation rights until the safety concerns are adequately addressed.

However, it’s crucial to remember that protective orders must be actively maintained and renewed if necessary. Consult with an attorney to ensure the protective order remains in place to protect your child from potential harm.

Navigating Child Support Court

Child support court differs from family law cases. You won’t be provided with an attorney, and the Assistant Attorney General represents the state’s and your child’s best interests, not yours. Although you’re not required to have an attorney, hiring one can be beneficial. Your child’s other parent will likely be present in court, especially if testifying about family violence history, which may be necessary in child support cases that also involve custody, visitation, medical support, and conservatorship issues.

Child support court can be challenging, especially when safety concerns are involved. While legal representation is not mandatory, having an attorney can help protect your child’s best interests. Your attorney can advocate for your rights and ensure that the court considers any safety concerns when determining child support and related matters.

In cases where safety issues are a concern, it’s crucial to provide evidence and testimony related to these concerns during child support court hearings. Your attorney can guide you through the process of presenting this information to the court to ensure your child’s safety remains a priority.

Ensuring Your Grandchild’s Safety

Grandparents have fewer legal rights concerning their grandchildren’s well-being. However, if you suspect an immediate threat, call 9-1-1. For long-term concerns, consult a family law attorney to explore protective orders and custody modifications.

As a grandparent, your primary concern is the safety and well-being of your grandchild. In cases where your grandchild’s parents are not providing a safe environment, you have options to protect your grandchild. Seeking legal advice, such as from attorneys at the Law Office of Bryan Fagan, is essential to understand your rights and explore avenues for securing your grandchild’s safety.

You are able to become the managing conservator of your grandchild. This means that you would take on the primary responsibility of caring for him or her on a day in and day out basis. In the event that you want to be the only managing conservator of your grandchild, it will be especially difficult to do in Texas. There is a presumption in our state that parents act in the best interests of their child in whatever they do. Part of that presumption impacts the belief that both of your grandchild’s parents should always be managing conservators of him or her. In order to overcome that presumption, you must be able to show that it is in your grandchild’s best interests to live with you.

When would you have the best opportunity to win primary custody of your grandchild?

If one of your grandchild’s parents has voluntarily given up their parental rights, or if both parents are deceased, you would have the best opportunity to win primary custody of your grandchild in family court. As I mentioned a moment ago, however, if this is a route that you wish to take it is advisable that you hire an attorney to represent and guide you through this process. It is difficult enough to be able to establish that you have the standing necessary to make these arguments to a judge, not mention actually winning the case and convincing a judge to send the child home with you.

Questions about divorce, child custody and protective orders? Contact the Law Office of Bryan Fagan, PLLC today

If you have been the victim of an act of family violence and need to seek a protective order please take steps to protect yourself and your children. Once you have done so consider speaking to an attorney with a strong desire to protect their clients and advocate for their rights.

The attorneys with the Law Office of Bryan Fagan, PLLC are those type of attorneys. We represent clients from diverse backgrounds across southeast Texas and would be honored to provide the same level of service for you and your family. Our team offers free consultations six days a week, allowing you to have your questions addressed by one of our licensed family law attorneys. Contact us today to learn more about how we can serve you.


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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, 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.

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