The #1 Child Custody Lawyer in River Oaks, Texas

In a divorce, one of the primary issues is often determining which parent will have custody of the children. Historically, Texas courts designated one parent as the “custodial” parent and the other as the “non-custodial” parent. While these terms are still commonly used, the current practice generally designates both parents as “Joint Managing Conservators,” unless extreme circumstances apply.

A Joint Managing Conservatorship (JMC) here both parents share the responsibilities of raising their child, though the parents may not be given equal time with the child. In this arrangement, the court determines the specific rights and duties of each parent. For instance, one parent might have the authority to make decisions about the child’s education, while both parents must jointly agree on significant medical decisions. 

The battle over “custody” of children, then, is now morphed into a battle over who has the right to decide the residence of the children, regardless of the label given the parents. While these days you will often see the dispute over what previously was described as “custody” of the children described as a dispute over who decides the residence of the children, the basic dispute itself remains unchanged.

There is often confusion among divorcing parents about what a custody battle entails. For example, parents may say to their lawyer, “I want full custody,” mistakenly thinking that “Joint Managing Conservator” means alternating weeks with each parent. In reality, many types of custody agreements exist, and if the parents cannot agree, the court will decide which parent the children will reside with based on the “best interest of the children” standard.

How the court make this custody decision involves many factors, such as:

Once a judge makes a decision about where the children will live, the next decision is what, if any, geographic restriction will apply. There is usually a geographic restriction put into place which says that the “primary” parent or parent with whom the children live must live within the county where he or she resides at the time of the divorce or in a “contiguous” county or a county which touches the county where the “primary” parent lives. This restriction is usually lifted if, at the time of the divorce, the “non-custodial” and “custodial” parent live in the same county and the “non-custodial” parent moves away from the county where the children are living. This is one of the most understood aspects of custody litigation.

A parent who is designated as the parent with whom the children live often ask me, “Why is it that he or she (meaning the “non-custodial” parent) can move but I cannot?” The philosophy behind this factor of Texas law is that children are entitled to and need frequent contact with both parents. If the “custodial” parent moves away, the “non-custodial” parent’s interaction with his or her children will most likely be less—sometimes much less—than it was prior to the divorce. As a result, not only do the children suffer, so does the “non-custodial” parent. It is, then, the duty of the “custodial” parent to maintain that proximity if at all possible.

Child custody laws for married parents in River Oaks, Texas can be complex, particularly during a divorce. Having a knowledgeable child custody lawyer is essential to ensure that your rights and the best interests of your child are protected. At Essex Law Firm, Marivonne Essex offers expert legal guidance to help you navigate these sensitive matters with confidence and clarity.

Marivonne Essex is committed to supporting you through every step of the process, from negotiating custody arrangements to representing your interests in court. With the right child custody lawyer by your side, you can achieve a favorable outcome that serves both you and your child. Contact Essex Law Firm today to discuss your case and ensure the best possible future for your family.